Tag Archives: tree warden

If A Tree Falls…

Because he’s our tree warden, many Westporters assume Bruce Lindsay controls every tree in town.

Nope. According to state statute, tree wardens control only “trees (and shrubs) on public road or grounds.”

So Lindsay oversees approximately 120 miles of town-owned roads and rights of way. He also works with Parks and Rec and the Board of Education on their properties as needed.

Lindsay does not manage trees on private property, private roads and driveways, state roads, state parks, commercial property or non-profit private lands.

So what happens when a tree falls from one private property onto another? Who’s responsible for clean-up and damage?

Negligence? Or act of God?

Negligence? Or act of God?

Lindsay says that’s usually a matter of common law (case law), not statute. The process falls under the “act of God” rules. The affected neighbor pays for his own property damage — including tree removal, clean-up and related expenses.

Lindsay emphasizes: “The homeowner has no duty to his neighbors for property damage resulting from trees and branches falling from the homeowner’s property, especially when due to a true ‘act of God’ such as a severe wind, rain or snow.”

However, he adds — citing the state Office of Legislative Research — “as a general rule under the common law, a property owner has a duty to maintain the trees on his or her property in a way that prevents them from harming a neighbor’s property.

“If the property owner knows, or reasonably should know, that a defect in the trees (e.g., rot) poses an unreasonable danger to others, the owner must eliminate the danger. If the owner does not, he or she may be liable for the damage the tree causes.”

A well-maintained tree is a beautiful thing.

A well-maintained tree is a beautiful thing.

Lindsay often fields calls from residents who say that a neighbor’s dead trees hang over their yard, yet nothing is being done about them. That’s when it’s time to send a certified letter, and ask for relief in 30 days.

However, Lindsay emphasizes that no law requires this. Still, he says, it helps to have your complaint in writing.

Lindsay recommends that a homeowner hire an arborist to perform a ground-level assessment of surrounding trees, and issue a report of the findings. There may be a small fee associated with this assessment, depending on the company and intent to perform work.

But it’s the right — and neighborly — thing to do.

Don’t Sit Under The Apple Tree…

…at least, not the towering one at Town Hall.

Alert “06880” reader JP Vellotti has long admired the apple tree at the foot of the old Bedford Elementary School, just above the Myrtle Avenue stone wall.

Town Hall 1

In fact, he picks apples from it every year, and makes a pie.

This year, he may have to go to Stew’s.

Yesterday, JP spotted a fresh new sign on the trunk of the old tree:

Town Hall 2

The notice — posted by the tree warden — says that “this shade tree, the property of the Town of Westport,” will be removed in 10 days, or thereafter.

“Any person or organizations” objecting to the removal must appeal in writing within 10 days. The address — 110 Myrtle Avenue — is the very same building at the top of that handsome lawn.

How do you like them apples?

 

 

 

Westport’s Warden: Not A Tree-mendous Job

Between school vacation and the news story’s placement on an inside page (below the fold), many Westporters may have missed a very interesting Westport News piece on Wednesday.

Jarret Liotta described Westport’s Tree Board — a 3-person body “hoping to plant the seeds of renewal for its role in town government,” in areas ranging from education and outreach to political action.

Westporters are very protective -- but also ambivalent about -- our trees.

Westporters are very protective — but also ambivalent about — our trees.

Trees are on every Westporter’s mind these days. We don’t like them toppling power lines whenever the wind blows. But we also were upset when a number of them suddenly disappeared from Main Street just before Thanksgiving.

Westport’s Tree Board is seeking ways to influence public discussion of trees — and to get the public interested in the board itself.

But perhaps the most interesting info in Jarret’s story was buried near the end: the fact that Westport has only a 1-day-a-week tree warden.

Also of note (though not mentioned in the article): The tree warden lives about 20 miles away.

First Selectman Gordon Joseloff’s proposed 2013-14 budget includes $170,000 “to create a full-time tree warden position and to increase the town’s overall tree work,” Jarret wrote.

But right now — today, as we all love and fear them — there is almost no money for monitoring, removing, planting and pruning trees.

Or for anyone to oversee them.