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Lakewood Village Board members aren't happy about the removal of trees in the village right of way on Gifford Avenue.
There has been discussion of the trees during the board's past two meetings. Code officer Jeff Swanson and John Certo, village public works supervisor, prepared a survey prior to the board's July7 meeting that confirmed the property belonged to the village. A tenant of a nearby apartment had allegedly had the trees removed.
Ellen Barnes, village trustee, said she had done research showing it is illegal to cut down trees on other people's property, with the board able to pursue either a civil or criminal matter. Mayor Randy Holcomb asked Swanson if the code officer had any suggestions, with the code officer responding the way the property sits it's his opinion the property owner should have to remove all the roots and stumps since they are now a safety hazard. While there is an older break wall that could be fixed, neighbors are unhappy that the tree line which created a privacy barrier can't be replaced. It is also a criminal matter with the destruction of trees. Swanson said the property owner could be required to build a fence to bring some of the prior tree-related privacy back.
Marilyn Fiore-Lehman, village attorney, responded to a question by board member John Shedd that penalties could include civil penalties if the neighbor can prove someone invested money planting the trees and then wants to pursue the claim in Small Claims Court. Criminal charges could also be filed depending on the value of the trees that were cut down. Lehman said she isn't sure the board can require a new fence to be put up, but that the board may be able to ask the property owner to replace what was cut down.
During the July 27 meeting, Debra Davis of 2.5 Gifford Ave., spoke to board members. Davis said she is aware that many of the board members viewed her property where multiple trees were taken down by a tenant of the apartments on Gifford Avenue without any notice. The trees were on Village property that acted as a natural barrier to her neighbors. Mrs. Davis is attending this meeting to see what her next steps should be now that the Village Board is aware of the situation.
Fiore-Lehman stated at the last meeting there was some direction given in respect to the removal of the stumps that were still present. Since then, she had not heard anything further. Barnes asked what kind of trees were taken down and how many? Davis stated there were 18 pine trees taken down that her father planted around 1976. Barnes was hoping to talk to DPW Supervisor Certo and CEO Swanson about the monetary value of the trees and if criminal charges could be involved. Mrs. Davis asked if she and her husband should have legal counsel.
Trustee Ben Troché said the Village Board is dealing with the village portion of the property and is not involved with any destruction to Mrs. Davis' property. Matthew Bentley, Lakewood-Busti police chief, said there are two separate police reports at the department, one for the village and one for Davis. Fiore-Lehman said she would follow up with Swanson to see what the next steps would be.