This  story has been updated from the February 24 print version to include remarks from First Selectman Pat Llodra and Public Works Director Fred Hurley .

An old oak standing in the way of roadwork is now tagged for removal. Stapled to its bark is a "Public Notice Of Tree Removal," which indicates that the tree will come down "ten or more days following posting of this notice."

Standing near the top of Toddy Hill Road near its intersection with Berkshire Road (State Route 34), the tree is directly in the path of the town's plans to reroute the road and make improvements at that intersection, which is cause for concern for some residents. Pete Sepe, is among several residents who in the past have spoken in favor of saving the oak.

After seeing the notice, which indicates that "Any person, firm, or corporation objecting … may appeal in writing to the Tree Warden within 10 days of posting. At which time a hearing will be held at a suitable time and place." The notice was posted on February 21. Also according to the notice, "If needed the public hearing will be held on March 7 at 9 am, at site."

Mr Sepe will write to request a hearing, "Absolutely," he said. He stated that a mistake was made and "nobody knew the tree was there" when engineers planned the project. He is also concerned that few people will take the time to walk up to the tree and read the notice.

Tree Warden Mike McCarthy explained the process. The trees that need to come down for the project were tagged on Tuesday, February 21, "and people need to make a request in writing for a hearing. The tree is in the middle of realignment of the road," he said.

If members of the public request hearing, the hearing will take place, "and a decision will be made after the hearing and people will be informed." If they do not like the decision, Mr McCarhty said that residents can pursue legal action, per state statute.

He also explained the hearing format: "People receive an overview of project and they can ask questions and we will answer as best we can and a decision will be rendered." Town Engineer Ron Bolmer and Mr McCarthy will be at the hearing, along with other town officials.

Considering some of the alternatives, including rerouting the road to avoid the tree, Mr McCarthy said, "I'm told that to move the road would be costly. And that would be town, not state, money."

"It's a gorgeous tree, I'll admit that, but it's a matter of safety and traffic flow," he said.

Public Works Director Fred Hurley did offer a silver lining, however. "The good news is that we are discussing the use of the wood with Mystic Seaport in their restoration project of the

Mayflower II."

First Selectmen Pat Llodra said this week, "It is a magnificent oak tree; a specimen truly lovely and worthy of preservation. I just cannot find a way to make that happen given the planned improvements to Toddy Hill and the State plan for the intersection."

Mr Hurley addressed some specific issues. In an e-mail, he said, "The tree in question would be in the middle of the new bridge roadway. There is no way to preserve it on the roadway."

The road cannot be moved south "because that would require taking [Berkshire Veterinary Hospital] and other property costing additional millions of dollars."

Part of the planning is also to keep traffic flowing.

"The new bridge can't be constructed on top of the existing roadway without shutting down the Toddy Hill intersection with State Route 34 for six months with no viable detours or alternate routes available and costing substantial additional funds," he said.

Finally, Mr Hurley said, "It can't be built north of the existing roadway because the new intersection wouldn't work with the follow-up project that includes a new entrance ramp to I-84. And it would cost another million for the added land taking." Regarding a rumor that "for a mere $50,000 the whole problem could be solved," is untrue, he said.

Town Engineer Ron Bolmer spread out the blueprints in his office Tuesday, February 21, saying, "If you look at the plans, you'll see what we are up against. People say move the tree, or move the road; it's not that easy."

In late September,

The Newtown Bee had reported that plans were in progress to begin a state-funded town project to redesign a portion of Toddy Hill Road at its intersection with Route 34, which includes relocating the road on land where the tree now stands.

Problems With Redesigning

Thoughts to leave the tree in an island or route the roadway around the tree are problematic, according to both Mr Bolmer and Mr McCarthy.

Mr McCarthy said that running a road around the tree or leaving it in an island would cause root damage that would likely require the town to take down a "declining" tree in the future.

Sympathizing with tree proponents, but nodding to the much-needed roadwork, Mr McCarthy had said, "We can't save every nice tree; the general good of the public requires that we redo the road."

Mr Bolmer said that a road skirting the tree would need to be outside the tree's drip line, which is the critical root zone defined by the canopy's width. Space in the project's vicinity is an issue.

Funding is also part of the equation. Plans that the town has submitted to the state "are what the state will fund."

To go back and try to redesign the project could jeopardize the state grant, said Mr Bolmer. Was the town too far along in planning by September?

"Most definitely," he said. "The road is where it is and the state won't fund otherwise … we are trying to make the road safe for traffic flow."

The project must also coordinate with the state's current roadwork for the reconstruction of Route 34 and the bridge and highway ramp redesign, Mr Bolmer said.

"There are no other locations" for the road repositioning, he said. The intersection has to stay where it is, he said. "There are not a lot of options…"

According to Mr Bolmer, the Toddy Hill Road Bridge Replacement Project is state funded, and involves the replacement of the existing failing culvert located just below the intersection of Route 34.

"Because of the nature of the road and the traffic problems, we cannot close Toddy Hill Road or even make it alternating traffic, therefore we have to move the road alignment to the west paralleling the existing road. By doing this," he said, "Toddy Hill Road will remain open until the very end of the construction project. The new alignment will intersect Route 34 at the same location, but come in at a flatter grade and a better angle. There will also be a designated left and right turn lane."

The State Department of Transportation LOTCIP program is funding the project. The state has committed $2.5 million to it.