Trees Cut on Town Open Space

Thirty trees have been cut down from town of Avon open space near a ridge by 45 Deercliff Rd., but it is unclear at this time who cut them.

The trees ranged from 15 to 70 feet tall, according to Michael Cegan, a landscape architect for Richter & Cegan in Avon. Town planning officials said the trees were cut from 8,000 square feet of a 10-acre plot that the town has owned as open space since 2002.

Connie and David Gordon, the property owners of 45 Deercliff Rd., deny cutting down the trees that are not on their land, Attorney Patrick E. Scully, of Scully, Nicksa & Reeve in Unionville, said on behalf of his clients at the Planning and Zoning meeting on Tuesday in .

"My clients represented to me that they don’t know how trees were cut on the open space area," Scully said.

Commissioners suggested that if that is the case, police investigation might be necessary.

When the commission approved the Gordons' application in 2010 to construct a house and pool, commission member Linda Keith said the couple was told that no trees on the abutting town land could be removed.

“I’m very disturbed about the way it happened," she said of the trees.

Avon Assistant Zoning Enforcement Officer John McCahill discovered the problem when conducting a zoning inspection of the Gordons' pool near the property line in July 2011. He also learned that the pool was within 150 feet of the ridgeline, which Avon Town Planner Steven Kushner said is restricted without a special exception permit.

Connie Gordon wrote in an e-mail to Patch that while the location of the pool was the same, the shape of the pool was different than in the approved plan so a retractable pool cover could be installed. The pool deck was extended to the cliffside over shot rock for their children's safety, she wrote.

The commission approved modifications to the Gordons' previously approved plan Tuesday with special conditions including removal of a portion of the pool deck and planting Bayberry trees. 

The commissioners also determined they want the homeowners to replace the trees that were cut. The trees were within the sight line of the Gordons' house, according to a property map Cegan presented to the commission.

“I’m sorry about the view. You lose," commission member Donald Bonner said. "We put 30 30-foot trees on the ridgeline.”

However, the amount, height and types of trees is contingent on what will thrive there, Matt Davidson, a Connecticut certified soil scientist and forrester, said, noting there is less topsoil toward the top of the hill.

Remediation, including removing part of the pool deck, planting trees and paying Davidson to monitor the progress of tree growth over a span of five years, could cost the Gordons much as $29,000, Kushner and McCahill confirmed, based on estimates from Cegan and Davidson. The commission also asked that a $29,000 bond be posted with the town to ensure the work will be done. If completed within five years, the bond would be returned to the homeowners, McCahill said Wednesday.

"Like with a commercial project where someone hasn't done plantings, it doesn't mean it's going to cost them $29,000 more, it means he has to post a bond with us to guarantee that he in fact does that work," Kushner said. "If for any reason he doesn't fulfill his obligation, then we could use that bond to hire a landscaper to do the work."

The fallen tree trunks are still on the steep slope of open space, Kushner said, as are the stumps.

“I feel very strongly that the debris should be left in place," Davidson said, noting that removing it could disrupt the soil and forge a path for storm water to flow downhill.

There are no signs of erosion as a result of the trees being cut, according to Davidson.

While there is no litigation at this time, Kushner said, the commission has referred the situation to the Avon Town Council to discuss possible damages to compensate for the trees cut on town land. The family would have the option of paying those damages instead of taking it to court, he said. Attorney Michael J. Donnelly, of Murtha Cullina, is advising them on the matter.

"The Town Council is in charge of management of that asset," Kushner said.

Editor's Note: The Gordons' pool was not in a different location than approved in the site plan in 2010, as originally published, but the pool shape was different and the pool deck was extended to the cliffside to cover shot rock. This article was updated at 3:20 p.m. to make that clarification.

If there's something in this article that you think should be corrected or if you have questions or a news tip give Avon Patch Editor Jessie Sawyer a ring at 860-356-6339 or shoot her an e-mail at Jessie.Sawyer@patch.com. Join in on the Avon Patch conversation on Facebook (www.facebook.com/AvonPatch) and Twitter (www.twitter.com/AvonPatch).