COMMUNITY WATCHDOG: When 'tree justice' is served

We live in the Town of Oyster Bay and applied for permits to remove four large trees that were dying and endangering our home. The town charges a $75 permit for each tree, but the fee is waived if the trees are replaced. We decided to replace the trees that were removed with a sapling and four evergreens. A town worker inspected the work and gave us a summons to appear in district court next month because we didn't replace the four hardwood trees that were removed with four new hardwood trees. We still have 11 very large hardwood trees on our 80'x100' property, but now we're facing up to $3,000 in fines because we didn't replant the exact trees they wanted. We're very, very upset. This is an unfair form of taxation and we feel as though we're being harassed.

-Cliff and Amber Milow, Massapequa

Case dismissed - but not because the town decided it was reasonable to replace hardwoods with evergreens. After we called, officials looked into the issue and discovered there was a "technical deficiency" in the summons, town spokesman Jim Moriarty said. On the summons, where the worker indicates the section of the town code that is allegedly violated, the person issuing it wrote "6" instead of "11" (the section that addresses replanting). If not for that mistake, the Milows would be going to court, Moriarty said.

The Milows also didn't realize there was a deadline for replanting because the permit doesn't specify a time frame. However, Town Attorney Gregory Giammalvo said the permit is issued for the removal and replacement of the trees, and both aspects need to be completed before the permit expires - in this case, six months. And that includes replacing hardwood trees with hardwood trees.

The town gave the Milows a 30-day extension and they did the replanting during that period, but they chose the wrong trees.

(Paying the $75 per tree eliminates the need to replace them, so we wonder why the town code is so rigid in requiring the "in kind" tree replacement.)

Moriarty said the Milows won't be getting a corrected summons. "In the name of tree justice," he said with some humor, "the issue has been resolved, and they're able to keep the trees they've planted. The town is satisfied, and the homeowner is satisfied."

Lines ensure traffic safety

In March, we wrote about Vanessa Herman of Medford who wanted a double yellow line on Middle Island Road to boost safety. Our call to the Town of Brookhaven prompted a study to determine if the road has enough traffic to warrant the markings.

The verdict is in and pavement lines have been installed on the mile-and-a-half road.

Town Traffic Safety director Lynn Weyant said an average of 3,788 vehicles use the road daily. For center line markings, the Federal Highway Administration regulations require a minimum volume of 3,000 vehicles.

Our reader says she believes the Medford Pond Apartments, a gated community that opened in 2007 with an access to Middle Island Road, brought increased traffic to the area.

Sixth Precinct Commanding Officer Insp. Rob Oswald said speed detecting machines that indicate how fast vehicles are going is used there periodically, and officers will continue to patrol the area.

Town residents with concerns about line markings on town roads should call 631-451-6480.

-Michael R. Ebert

A case for one more light

Two years ago, I wrote to the Village of Lindenhurst asking that a streetlight be placed on the utility pole across the street from my home because it's very dark here. I've also called the village several times but I haven't heard anything from anyone. It seems to be darker now that the trees are in full bloom and are shielding the lights down the block. I would feel much safer if we could get a light installed.

-Eugene Genovese, Lindenhurst

Sorry, Mr. Genovese, no can do. But the village's explanation seems reasonable. Village officials follow the recommendation of lighting experts, who say one streetlight on every other utility pole is adequate, Deputy Administrator Doug Madlon said. That's the case on your street. The poles on either side of the one across from your house already have lights. After our call, Madlon made a personal visit to your street after dark. "I didn't think it was extremely dark or out of the normal for our village," he said. "If I felt it was dangerous, I would've spoken to the mayor about making an exception." He'd like to accommodate all requests from residents for more lights, but there are costs involved, including pole rentals from LIPA. "In these difficult economic times," he said, "it's hard to go that extra mile."