Selectmen Study Proposed Tree Ordinance

The Board of Selectmen leafed through the latest draft of a proposed tree ordinance on Monday, stressing the importance of the legislation while raising several concerns about its implementation.

Among other provisions, the ordinance would clarify the responsibilities and obligations of Darien's tree warden; establish new powers and duties for a tree commission; and require permits in order to plant, alter, or remove trees within the right-of-way of town roads.

The version under review Monday was drafted by the Darien Tree Commission, a body established in 2008, and subsequently reviewed by the town counsel and numerous town departments.

Under the ordinance, the tree commission would be tasked with maintaining a "Master Street Tree Plan;" inventorying trees along town roads; and offering tree-related policies and advice to the town's departments, boards, and commissions. Five members would be appointed on a staggered basis, eventually serving 3-year terms from 2012 onward.

"I think about how this commission could play out, I think about the Beautification Commission, where people get on it and really take ownership and run with it," selectman Callie Sullivan said, describing tree maintenance as "one of the public's major concerns."

"The big thing is going to be the [commission's] interaction with public works and the tree warden," selectman David Bayne said.

The ordinance would also require anyone wishing to cut down, modify, or plant a tree within a certain distance—typically 25 feet—from the center line of a town-owned road to acquire a permit from the Department of Public Works. Failure to follow the rules could result in a fine of up to $100 in the case of planting and the total cost of restoration in the case of removal or defacement.

If the tree warden—currently Michael A. Cotta—determined that a particular plant violated the ordinance and needed to be cut down, he would be required to post a notice 10 days in advance of the planned action. Any objection to the removal would require a public hearing to be held.

Board members voiced a number of worries about the draft language, including how an ordinance affecting such a significant swath of land would be enforced.

"You pay the tree warden to go out and do as much work as humanly possible," selectman Callie Sullivan offered.

Selectman Jayme Stevenson inquired how, if at all, the ordinance would impact the town's liability. The question is of recent relevance to Darien: in November of 2009, Mieczyslaw and Jolanta Wisniewski were awarded $1.7 million in a suit against Cotta and the town stemming from a 2006 incident in which a tree fell onto their car on Rings End Road.

"This draft has been reviewed by our insurance consultant to be sure we aren't inviting new liability," Town Administrator Karl Kilduff said. He added that the town should avoid creating a proscriptive tree manual for residents—"something that is cookbook in style"—to that end.

Notably, the ordinance would not apply to state roads in Darien, which include Tokeneke Road, Mansfield Avenue, Hoyt Street, and Boston Post Road.

"Unfortunately some of the busiest streets in Darien are state-controlled, to which this ordinance has no bearing," Stevenson said.

Kilduff said he "can't even speculate" what subcommittee would be responsible for handling the proposed ordinance, which would ultimately require approval from the Representative Town Meeting, but he "anticipate[s] there will be lots of reviews" in the future.