Community Watchdog: Rotted tree poses problem

In December 2009, I notified the Town of Babylon by certified letter about a tree that was rotted and had two big holes in it, but nothing was done. The tree was on the town right of way at the end of my driveway. In August last year, a huge branch from the tree fell across the front of my house and hit my car. The town came and took down the rest of the tree and gave me forms to file a claim for the car damage. I sent two estimates with the paperwork, but the town denied my claim saying I never gave them prior notice about the tree. I called the supervisor's office and told them I have a signed receipt for the certified letter. They told me to submit all the paperwork again, which I did, and then I got a letter that says "parking near or under a tree with knowledge of its allegedly defective condition constitutes an assumption of risk of damage. As such, the town is unable to compensate you for your claim." My car wasn't parked under the tree, it was by my house.

Elizabeth Flaack, Copiague

We feel your frustration, Mrs. Flaack. We don't understand how the town could say there was no prior notice about the tree, when you have the postal receipt (signed by someone with poor handwriting whose first name looks like Anthony). But that's their position and they're sticking to it. You may have better luck collecting damages - estimated between $902 and $1,113 - in small claims court. Since the town has denied your claim, that may be your only alternative.

Town spokesman Tim Ruggeri said, "As this is an ongoing legal matter, I can't comment on the specific situation."

So what's a taxpaying homeowner to do - especially since sending a certified letter apparently is no guarantee it won't be misplaced or discarded?

If you have a problem with dying trees, potholes, lighting issues, drainage or other problems the town should fix, Ruggeri suggests sending a registered (not certified) letter to the town's Office of Performance Management, Babylon Town Hall, 200 E. Sunrise Highway, Lindenhurst, N.Y. 11757. Or call the office at 631-957-7474. If you call, be sure to make note of the first and last name of the person who takes the complaint and the date and time. Ask for a report number or something else you can refer to so you can prove that you called about the problem.

Based on Mrs. Flaack's lost letter, we recommend that you call again within a day or two to make sure your complaint was recorded. Again, ask for the full name of the person you're speaking with, and if they refused to give it, ask for a supervisor.

Every day, vehicles illegally cross the double yellow line on Peconic Bay Boulevard in Jamesport. The entire road, from Mattituck to Riverhead, has a speed limit of 30 miles per hour and the double-yellow line. Yet, when I walk my dog, I see cars crossing the lines to pass slower drivers. Twice recently, I've had to quickly move away from the shoulder to avoid vehicles that have pulled over because oncoming traffic is making illegal passes. I've made repeated calls to the Town of Riverhead asking the police to aggressively patrol for this maneuver. It's only a matter of time before there's a major accident.

-Thomas Smith, Jamesport

Riverhead Chief of Police David Hegermiller told us that speeding is at the root of this problem.

After our call, he asked officers to step up patrols on the boulevard, and digital "speed count" devices were set up at various locations along the roughly five-mile road. The device recorded vehicle speeds for a one-month span to help police study the problem. The data showed the average speed on Peconic Bay was a "respectable" 35 miles per hour - likely a result of snowy roads, Hegermiller said.

Officers will re-evaluate traffic when the weather improves, the chief said. "Any time you have a two-lane road that's a bit of a straightaway like Peconic Bay, you have people illegally passing. People are impatient . . . but it's also a tough thing to enforce," Hegermiller said.

Drivers with traffic enforcement concerns in the Town of Riverhead residents should call 631-727-4500.

- Michael R. Ebert

A new house is being built next door to me and a worker knocked down a traffic sign almost a year ago that read "15 mph" and had a squiggly line on it denoting a dangerous curve ahead. I've called the Town of Huntington three times to get the sign replaced and e-mailed Supervisor Frank Petrone in November. This is an important traffic safety issue.

- Joseph Haber, Centerport

The town expects to install a replacement sign in a couple of months when the snow melts, Mr. Haber. Town spokesman A.J. Carter said the traffic safety office received your request in April last year, but a construction fence had been erected there. Now that it's been removed, the new barrier is the snow, Carter said.

Huntington residents with traffic safety concerns on town roads should call 631-351-3053.

- Michael R. Ebert