As of: February 29, 2024, 9:00 a.m
By: Wolfgang Schörner
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Barriers have been in place around the three linden trees on Bahnhofstrasse since Monday.
The notes say “Caution, risk of breakage”.
In two places the bars protrude into the bus lane in front of the bus stop.
© Wolfgang Schörner
After the monument authority vetoed the felling of the lime trees at the main intersection, the conflict took a new turn.
The city of Penzberg announced on Tuesday that it would apply to the district office for a complete closure of Bahnhofstrasse and Karlstrasse because it would be liable if a branch or tree breaks off and injures someone.
Penzberg – The threat of a full closure is basically about the city of Penzberg seeing itself in a dilemma.
On the one hand, according to her, the felling of the linden trees is urgently needed because, according to a report from February 2024, the trees are not break-proof and the city, as the tree owner, can be held liable in the event of an accident.
On the other hand, the State Office for Monument Preservation has vetoed the felling of two of the three lime trees that stand directly at the intersection and are historically significant as crime scenes of the Penzberg murder night.
Brügermeister: Someone should move here from their office
Against this background, Mayor Stefan Korpan (CSU) announced at the city council meeting on Tuesday evening that he would apply to the district office for a complete closure of Bahnhofstrasse and Karlstrasse in the area.
From a legal perspective, twice the length of the tree must be closed in a radius around a tree that is not break-proof in order to comply with traffic safety requirements, he explained.
That means that the two streets there have to be closed.
Korpan also expects an answer from the authorities about how the city should proceed.
But there has been no response so far, he said on Tuesday.
“I would expect someone from their office to move over here and take a look at this.”
City: There is “imminent danger”
Carl-Christian Wippermann, head of the city's environmental and climate protection department, explained at the meeting that there is currently no leeway and that we have to apply for a full closure.
There is “imminent danger”.
This was also reported to the district office.
According to him, a scaffolding solution is not possible quickly.
As reported, the city applied to the monument authority on Monday for an exemption for the felling - whether and when it will come remains to be seen.
Penzberg Murder Night: Trees with historical significance
Originally, the three winter linden trees were supposed to have been felled last fall (according to a building committee decision from April 2023).
At that time, however, Erich Sczepanski from Penzberg submitted an application for monument protection to the district office.
At the same time, the Penzberg Monument Association demanded a second report on the condition of the trees.
The historical background: A victim of the Penzberg murder night on April 28, 1945 was hanged from a tree on the corner.
Another man, who was hanged from the nearby tree, miraculously survived.
The monument association is certain that the three current linden trees are the original trees.
The city of Penzberg canceled the felling in the fall.
At the same time, the monument association commissioned its own report.
Trees should be felled in February
The result of this report was presented to the Penzberg Building Committee on Tuesday last week (we reported).
It certified that two of the three lime trees were not break-proof and recommended that they be felled “promptly”.
For the third tree, the report saw the possibility of making it break-proof again by further shortening the crown.
At the meeting it was then said that the felling of the three lime trees would take place “promptly”, i.e. before March 1st.
But that didn't happen because the State Office for Monument Preservation vetoed it three days later, on Friday.
It granted monument status to two of the three linden trees (100 years old according to the new report) and informed the city that if it decided to cut them down, it would first have to obtain permission from the monument authority.
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“Who is responsible if a branch falls on a child?”
This veto came as a surprise to the city.
On Monday she had the three linden trees surrounded by a red and white barrier, some of which extends into the bus lane at the stop.
On Tuesday evening at the city council meeting, Mayor Korpan angrily commented on the veto against the felling.
“What if something happens, who will be responsible if a branch falls on a child?” he fumed.
The authorities have not yet received an answer to this question, neither in writing nor verbally.
He recalled two cases in which the city had to answer in court years ago for violating traffic safety regulations: because of an overturned changing room at Eitzenberger Weiher and because of a pedestrian's fatal accident on ice.
City confirms: Request for road closure submitted
On Wednesday, the city commented again when asked by the local newspaper.
She confirmed that she would submit an application to the district office to completely close the streets because of the traffic safety obligation.
According to the town hall, this happened on Wednesday.
The city also confirmed that an application to fell the two listed linden trees was submitted to the monument authority on Monday, both by email and via the district office's website.
It was also said that until Wednesday morning there had been no written statement from either the State Office for Monument Preservation or the Lower Monument Protection Authority in the district office as to how the city of Penzberg can ensure traffic safety in accordance with monument protection.
The city administration has asked the state office and the district office several times for a written statement.
Regarding a scaffolding solution, the town hall explained that this could only be carried out by a specialist company and must be accompanied by a tree expert.
That means: That would take time and doesn't help at the moment.