Appeal Filed Against Great Island Tree Removal Decision
DARIEN, CT — Following Darien Tree Warden Michael Cotta’s decision last month to remove 12 trees from Great Island, a resident has filed an appeal in Stamford Superior Court.
Luz Helena Bueno filed the appeal on Sept. 25 ahead of the Sept. 26 deadline.
Darien held a public tree hearing on Sept. 12 after residents objected to the posted removal of three white spruces, three Eastern hemlocks, and nine Norway spruces along 23A, the access road to the property.
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During the public tree hearing, residents urged the town to find other solutions and wait until more is known about the larger plan for Great Island. Some residents said the trees add to the feel of the property, and others said there had been little transparency about the proposed cutting.
Town officials said the removals are needed to allow for safe and efficient access for emergency vehicles, construction vehicles and residents, regardless of what the final master plan is for the property.
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The appeal claims the previous owners of Great Island, and those hired to design the property, “gave great thought to the landscaping and layout of the property in its entirety. This is evidenced by the entrance road, lined with trees mostly over 100 years old, that are irreplaceable and of historical significance.”
The appeal claims that Cotta’s decision to remove the trees will “adversely impact” Bueno and her family’s “peaceful, quiet and safe enjoyment of the property.”
Additionally, the appeal claims Cotta’s decision was “not supported by substantial evidence in the record or applicable law,” and that the decision was not in accordance with Connecticut General Statutes.
“The evidence in the record does not provide a basis upon which the Tree Warden could make a finding that public safety demands the removal of the subject trees,” the appeal claims.
Following Cotta’s decision, the town released supplemental information further explaining the need to remove the trees.
“When the Town of Darien acquired Great Island, the use of the property changed from Residential to Municipal, which necessitated certain improvements to meet the standards for access,” the town added in a supplemental information post after Cotta’s decision was rendered. “These two standards – for regular and emergency vehicle access – are essential under any master plan scenario and cannot be met without a two-lane access road (including a sidewalk for pedestrian safety) from Ring’s End Bridge to the Traffic Circle. This conclusion was reached after extensive discussions with road engineers, safety professionals and other experts, including the Fire Marshal.”
On Monday, the Great Island Advisory Committee held its regularly scheduled meeting. Selectman and GIAC Chair Monica McNally briefly mentioned the appeal.
“The town is working with counsel to address the appeal. While this may cause some delay, our goal remains to open up access to this extraordinary property that the town acquired 16 months ago, all while being sensitive to the environment,” McNally said. “We will keep everybody informed as the process goes along.”
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