Roadside Tree Cutting Can Be Challenged

To the Editor:

Last week, Frank Middleton looked out the window of his home on Rose Lane and saw a crew from the Newtown Public Works Department removing roadside shade trees in front of his house. Understandably upset, he questioned the foreman and was told they were removing some 15 trees from that stretch of roadway. When he called Public Works and asked why he had not been notified in advance, Frank was told the town owned 25 feet from the center of the road and no one had a right to question them. A few days later, Frank noticed many more trees being destroyed on Fawnwood Road.

This is an old story to many citizens of Newtown; 116 trees were cut down last July on Taunton Lane, over 100 were removed a few weeks later from Orchard Hill Road. Those who aspire to retain Newtown’s unique rural-suburban character look on in dismay. What those same citizens don’t seem to realize is that they have the power to prevent this destruction of Newtown’s natural beauty. Those public works crews were in direct violation of Connecticut state law. Let me quote from General Statutes of Connecticut, Vol. 8, Powers and Duties of Tree Wardens, Sec. 23–59:

“Unless the condition of such tree or shrub constitutes an immediate public hazard, he shall, at least five days before such removal or pruning, post thereon a suitable notice stating his intention to remove or prune such tree or shrub. If any person, firm or corporation objects to such removal or pruning, he or it may appeal to the tree warden in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of such hearing to all persons known to be interested therein and posting a notice thereof on such tree or shrub. Within three days after such hearing, the tree warden shall render his decision granting or denying the application, and the party aggrieved by such decision may, within ten days, appeal therefrom to the superior court for the judicial district within which such town or borough is located.”

Manning the barricades may be stretching it a bit, but I would say that if you are concerned with any trees being removed in your neighborhood, you should:

1. Notify the workers that you want them to stop, and why. They are generally very polite and will respond reasonably, but if they threaten you with calling the police, as happened on Taunton Lane, lend them your cell phone. A good, clear record of what occurred will only benefit you. Take lots of pictures, including faces and license plates.

2. Call the tree warden and fax him a request for a public hearing, with a copy to the first selectman.

3. If neither of these steps is successful, you may ask the Superior Court for a cease and desist order.

Sincerely,

Don Collier

93 Birch Hill Road, Newtown                                February 28, 2005