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HomeMy WebLinkAbout20210452 Southern Final Subdivision Amendment Supplemental Information THE LAW OFFICES OF Libby Coreno, Esq.M M . ELIZABETH COR N 0.ESQ.F.C. Libby libby@corenolaw.com April 23, 2021 Mark Torpey, Chairman Saratoga Springs Planning Board City Hall via hand delivery 474 Broadway Saratoga Springs,New York 12866 Re: 131 Middle Avenue (Two-lot subdivision) Saratoga Springs Dear Chairman Torpey: In 2016 and 2017, Michael and Kimberly Southern sought and obtained area variances and a subdivision approval from the Saratoga Springs Zoning Board of Appeals and Planning Board for two lots between York and Middle Avenue. Throughout the review process. the owners and the Board members discussed the existing sugar maple on site which was a feature along the boundary of the created lots. However, due to newly discovered information during the design phase of a single-family home for the vacant parcel,the owners are requesting the removal of condition #1 of their subdivision approval pursuant to Saratoga Springs City Code 241-14(b) allowing for the removal of the sugar maple based upon all the information contained within this submission. On December 12, 2016, the owners appeared before the Zoning Board of Appeals to request area variances necessary to allow for the subdivision into two substandard lots. The owners indicated that the tree and its root system were incredibly large and that they would do what they could to save the tree and were designing a single-family- home with the best chance to limit exposure to the tree (ZBA 12/12/16 Part 1 video, 23:05). However, the preservation of the tree was not a condition of the area variances granted to the owners by the ZBA. On April 13, 2017, the applicants appeared before the Planning Board to discuss the two-lot subdivision and the Board requested that they bring the home closer to the street. The Board also advised the applicants that they did not care for the front load garage on Middle Avenue and wanted to have a detached garage (PB Video 04/13/17 6:20, et seq). The applicants indicated that they were doing what they could to save the maple tree at the rear of the property. Id. At the conclusion of the meeting, the Board set the conditions that the house was to be brought closer to the street, the garage was to be set to the back, and that the existing line of rear cypress trees was to be preserved. (PB Video 04/13/17 28:20, et seq). While the preservation of the sugar maple was not mentioned in the video recoding of the meeting or the meeting minutes from April 13, 2017,1 such a condition does appear in the Notice of Decision dated May 11, 2017 (a copy of which is attached to this letter for reference). Therefore, the Southern subdivision plat does contain a note and tree protection detail as required by the Notice of Decision. https://www.saratoga-springs.org/AgendaCenterNiewFile/Minutes/ 04132017-1691 Law Office of M. Elizabeth Coreno, Esq. P.C. 63 Putnam Street,Suite 202 Saratoga Springs,New York 12866 (518)682-6901 THE LAW OFFICES OF Libby Coreno, Esq. M . ELIZABETH T O R E N C�,EsQ i c. Libby libby@corenolaN,v.com In the years since the subdivision, the Southems have proceeded diligently in accordance with their approvals and retained Balzer& Tuck to design the house as set forth in the Planning Board subdivision conditions. However, it has become clear that the state of the sugar maple has become degraded to the point where it will not survive any manner of construction on the site and poses a risk of health and safety. On December 7, 2020, I wrote to Code Enforcement Officer, Patrick Cogan, about the information I received by arborist, Donald W. Dulmer, and architect, Michael Tuck, AIA, regarding their concern about the potential for construction impacts to the tree. A copy of the letter is attached here for reference. Notably, the Southerns took the Planning Board's subdivision conditions to Balzer& Tuck as part of retaining the firm to design a home and Tuck states in his letter that his firm "took great care to limit the depth of this home to avoid disturbance within the drip line of the tree canopy." However, due to the age and decay of the tree, Mr. Tuck has advised that no avoidance plan would result in the likelihood of the tree surviving construction safely. Therefore,he recommended that the Southerns consult with a tree arborist to evaluate the health of the tree prior to the construction. As part of our letter to Patrick Cogan, I also included the evaluation and report of Donald W. Dulmer, an arbortist, who inspected the sugar maple. His report states that"many co- dominant leaders are present and exhibiting signs of risk at the points of attachment. Past pruning would not have been able to fully compartmentalize and has led to extensive decay in the 10'-20'range of the canopy. . . Removal is recommended at this time. The tree will not survive construction." Based upon these reports,we asked that Patrick Cogan permit the removal of the tree prior to construction based on health and safety concerns. On March 22, 2021, Mr. Cogan responded to the Southems' builder, Lou Galarneau, that "after reviewing the approved subdivision plat and the Planning Board notice of decision, [he] did not believe it to be within [his] discretion to allow the remove of the tree under the current circumstances." A copy of Patrick Cogan's email is attached for reference_ Mr. Cogan also stated that, while he did not see immediate safety issues but rather ones implicated by construction, it would be "up to the Planning Board chair whether modification can be handled administratively or whether it needs to return to the full board for consideration." As a result of the Code Enforcement Officer's determination, we are now requesting that administrative removal of the sugar maple preservation condition based upon health and safety concerns. Since Mr. Cogan's determination,the Southerns have also requested an evaluation from Ian Murray of Brookside Nursery who specializes in tree growth and decline. Within Mr. Murrary's written report from his site visit on April 16, 2021,he states, "Although the tree is healthy at this point, it is showing advanced signs of Maple decline. This is common to the Acer family especially with the age and maturity of this tree . . . This type of growth is more susceptible to breakage and limits life expectancy." As Mr. Murray is also a long-standing Planning Board Chair in the Town of Saratoga, he noted that, "as a planner we are tasked with preserving the past as well as guiding the future. Being in the trade, I know the aesthetic value of assets like these. However, this specimen is already having an impact on the neighbors . . Law Office of M.Elizabeth Coreno, Esq. P.C. 63 Putnam Street,Suite 202 Saratoga Springs,New York 12866 (518)682-6901 THE LAW OFFICES OF Libby Coreno, Esq. M . ELIZABETH C C� R E N C�,1 stt. c. libby@corenolaw.com competing leaders are unproportionally weighted potentially leading to a break that will be impacting neighboring properties." Certainly, the Southerns have safety and liability concerns now that three professionals have indicated that there is risk not only to their property but to neighbors should they construct a home on the lot—even though it is designed away from the tree. Enclosed are two letters from the Southems' neighbors at 147 Middle Avenue and 120 York Avenue which are directly implicated by proximity to the maple tree. Both neighbors cite to experiencing heavy limbs falling onto their properties and concerns to hearing the tree creaking in high windstorms. Any construction activity, based upon the reports of these experts, will necessarily exacerbate these issues and potentially cause a dangerous or life-threatening situation to the Southerns or their neighbors. Therefore, we ask that,as Planning Board Chair, you consider the removal of the condition requiring the preservation of the sugar maple during construction as set forth on the subdivision plat and the Notice of Decision on the ground that it is not possible for health and safety reasons. Thank you for your time and attention to this matter. RespectfuIl, ubm. ted, / . E ' abeth Coreno Enc. cc: Vince DeLeonardis, Esq. (via email only) Kim and Mike Southern(via email only) Susan Barden (via email only) Law Office of M. Elizabeth Coreno, Esq. P.C. 63 Putnam Street,Suite 202 Saratoga Springs,New York 12866 (518)682-6901 f .1 } *r. ' - :ri r "t :-. S .5 �... a • O iv- , - �.. 'zip 3T., . 3 . 1 C d k ' A '''-i.ER N'�- . dit.. ;.. ` IIIE -1-':':' • r aha (1 p, 0G4 sc, CITY OF SARATOGA SPRINGS MARK TORPEY,Chair PLANNING BOARD ROBERT F.BRISTOL Vice Chair a JANET VAN WAGNER • .,, . Hall-474 Broadway CASEY rF�:dr:1 City fy t IN TOTING ,��:. ,'� Saratoga Springs, New York 12866 1� 4� AMY DURLAND ', 9`y• Tel:518-587-3550 fax:518-580-9480 TODD FABOZZI RPORAT 0 www.saratoga-springs.org RUTH HORTON,Alternate ABIGAIL WOLFSON,Alternate NOTICE OF DECISION In the matter of the application#16.047 of RECEIVED Southern Subdivision MAY 232017 124 York Avenue ACCOUNTS DEPARTMEN Saratoga Springs,NY 12866 Involving the premises at 124 York Avenue,tax parcel# 166.46-3-5,within the Urban Residential-3 (UR-3) District, in the City of Saratoga Springs,on an application for a final 2-lot residential subdivision with the Planning Board who met on April 13,2017 and made the following decisions with a 5-0 vote(In favor: Torpey,Bristol,Casey,Durland, Fabozzi): ■ In accordance with SEQRA regulations 6NYCRR Part 617 and after review and evaluation of the SEQRA short Environmental Assessment Form Parts I and II,made a motion to approve the issuance of a SEQRA Negative Declaration of environmental significance. IN Issued final approval of the two-lot subdivision as per the requirements set forth in the City of Saratoga Springs Subdivision Regulations with the following conditions 1. Existing sugar maple and mature trees to rear of lot shall be preserved with appropriate note and tree protection detail to be added to plans. 2. Single curbcut shall be established in concert with existing curbcut to east,widening to total of 20 feet maximum. 3. Structure shall be constructed to build to frontage consistent with existing homes to either side- approximately 10' from front property line. 4. Garage shall be recessed from front of the residential structure. 5. Street tree species along Middle Avenue shall be selected in accordance with City Staff The applicant is required to complete the following as per the City of Saratoga Springs Subdivision Regulations: • Deliver a letter of credit or cash escrow as a performance guarantee to the City for required on-and off- site improvements as required by the City Subdivision Regulations. • Submit a fee in lieu of recreation of$1,500 for each new residential lot per Appendix A of the Subdivision Regulations. • Submit two(2)mylar and two(2)paper copies of the final approved subdivision plat for signature by the Planning Board Chair. • File the signed final subdivision plat with the Saratoga County Clerk within sixty-two (62) days as provided in Article 3,Section 32 of General City Law. This approval shall expire if not enacted within 180 days as set forth in the City of Saratoga Springs Subdivision Regulations Article II,Section I.D.15. May I I,2017 • .A A Ail/ Date Chair cc; Building Inspector;City Engineer;Accounts Dept;Libby Coreno;Applicant;File r . is ".r f I - •I •• I • ; • - • • • 1 UE LAW OFFICES OF M . ELIZABETH CC REN0. , ,,,. ,,., . , ib11icnreno, sq. Iibb)[a ecru ohm.con December 7, 2020 Patrick Cogan, Building Inspector City of Saratoga Springs Building Department 474 Broadway Saratoga Springs,New York 12866 Re: Existing Maple Tree 133 Middle Avenue, Saratoga Springs Dear Mr. Cogan: Our office represents Michael and Kimberly Southern who are the owners of 131 Middle Avenue in City of Saratoga Springs. The lot was created pursuant to a City review process which included both area variances from the Zoning Board of Appeals and a subdivision approval from the Planning Board. During the 2016 and 2017 review process, the City and the applicants discussed the existing sugar maple located to the rear of the new lot and the applicants indicated that they would preserve the tree during construction to the best of their ability, subject to health and safety concerns. The applicants undertook the design of the home following the City approvals with Balzer&Tuck Architecture. I am enclosing a November 6,2020 letter from Mike Tuck, AIA, which indicates that they "took great care to limit the depth of this home to avoid disturbance within the drip-line of the tree canopy." In order to demonstrate avoidance, I have enclosed a site plan which identifies the tree's location and its distance from any building elements. The canopy is shown as the large,dotted circle around the back half of the parcel. However,due to the age and decay of the tree,Mr. Tuck has advised that,no matter how they attempt to avoid during construction,the tree will likely not survive. As such, the architecture firm recommended the applicants consult with a tree arborist to evaluate the health of the tree prior to construction. I am enclosing a letter from Donald W. Dulmer,an arborist, who was retained by the applicants upon the recommendation from Balzer& Tuck. Mr. Dulmer inspected the maple tree which "uncovered some structural flaws." Specifically,the arborist report states that"many co- dominant leaders are present and exhibiting signs ofrisk at the points of attachment. Past pruning would have not been able to Ally compartmentalize and has led to extensive decay in the 10'-20'range of the canopy. . . Removal is recommended at this time. The tree will not survive construction." As demonstrated,the applicants have used good faith and best efforts to avoid the existing maple tree; both in design and in construction. However, multiple professionals have provided evidence that the tree will not survive any manner of construction due to its existing age and decay. Based upon the health and safety of the occupants of the surrounding properties 63 Putnam Street,Suite 202 Saratoga Springs,New York 12866 (518)682-6901 1 1 Cogan, Patrick December 7,2020 Page 2 of 2 and the future occupants of 133 Middle Avenue,we ask the City Building Department to permit the tree to be removed prior to the issuance of the building permit. Thank you for your time and attention to this matter. 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BALZER E TUCK -,,4,.:,.•:::...,•-,,,,,,,,,,,,,,..,:•,- ..., SITE PLAN 1 SOUTHERN RESIDENCE Aicliiierttire :.•!..i.,i:.3;;,,,,,7i,•eAL7tp-i.xx...-..,::.,. :i.,,T. ,:..i.5:2..: 1...-4 P.-...ECT Y... ...7.4.5 , : 1 •i:00%E A:c, ...,. ,-", •. , • .• ' .1f1,7•E. :14-1- BALZ E R.ES TUCK Arch ilecture November 6,2020 Mr.Patrick Cogan Building Inspector City of Saratoga Springs Building Department Saratoga Springs,NY Re: Existing Tree at Proposed Southern Residence 131 Middle Ave,Saratoga Springs New York Mr.Cogan, I am writing regarding an existing sugar maple tree at 131 Middle Ave. During a July 2020 site visit,we observed this tree and noted the following:it has a+/-40"diameter trunk with a+1-60'diameter canopy which extends over two adjacent parcels. The tree is located approximately 27'from the rear(north) property boundary and 12'-6"from the side(west)property boundary. The parcel is roughly 5,279 square feet in area however the location and size of this tree,in combination with required building setbacks results In a buildable area for the lot of 1,674 square feet(+/-68%reduction in area). The tree showed signs of damage and decay and we recommended the homeowners consult with an arborist to assess the tree's viability. It is our understanding the arborist has provided a letter recommending its removal. During the planning and design of their new residence,we took care to limit the depth of this home to avoid disturbance within the drip-line of the tree canopy. Given the size and location of this tree,we were not able to fully accomplish this goal but believe if it were healthy,it would survive the disturbance associated with excavation of the foundation. However,the limited size of the property would likely require staging of materials and operation of equipment below the drip line which would be stressful to the tree and cause for concern even if it were healthy. It should be noted that in our opinion,the size and location of this tree would prevent construction of the desired two-car detached garage. I believe that because of the large canopy and poor health of this tree it poses a risk to our clients as well as adjacent property owners and It should be removed. Thank you for your consideration and I welcome the opportunity to discuss this further. Sincerely, �ft1� ARC JAMAS yi/‘F Michael J Tuck,AIA / 46:1 ''` s Partner ' 1 '`9o8s8.1 �p� , OF Net4 \,11.11..g,1 mg. 'sets 12S(.11 :I N t;'' i s ,•r l,.,l,!'.•i is I,.rum Donald W.Dulmer Tree Surgeon;Arborist October 3,2020 204 Old Cambridge Road Greenwich, New York 12834 518-892-2971 Michael and Kimberly Southern 124 York Ave Donald w Dufiner Saratoga Springs.NY 12866 Maureen Dulmer Joshua Dulrr+er RE: 133 Middle Ave Daniel Dulmer Saratoga Springs,NY 12866 ISA ts:au Sugar Maple Merrlber ID 4'14524 TCM Member1DAi5Q/0 The sugar maple with a DBH of 45"is located to the left rear of the property at 133 Middle Ave,Saratoga Springs, NY 22866. Close inspection of this tree has uncovered some structural flaws. Many co-dominant leaders are present and exhibiting signs of risk at the points of attachment.Past pruning wounds have not been able to fully compartmentalize and has led to extensive decay in the 1O'-2.0'range of the canopy.The first main crotch has signs of splitting. A leader off the back has extensive rot.The age and size of this tree lead to a higher than average risk category. Removal is recommended at this time. The tree will not survive construction. Sincerely, 77( 611,91-1/1Y Donald W.Dulmer Arborist • • • • is • • • • • • • • • • • • • • • • I I . f, . Re: [EXTERNAL] 131 Middle Avenue - Decayed Tree Patrick Cogan <patrick.cogan@saratoga-springs.org> Mon 3/22/2021 4:47 PM To: Lou Galarneau <Iou@galarneaubuilders.com> Cc: ed <ed@galarneaubuilders.com>; Libby Coreno <libby@corenolaw.com>; Southern Mike <msouthern@patientkeeper.com>; John Barney <john.barney@saratoga-springs.org>; Susan Barden <susan.barden@saratoga-springs.org> 0 2 attachments (729 KB) 20201207_M. ELIZABETH CORENO.pdf; Outlook-hstalhby jpg; Lou, After reviewing the approved subdivision plat and the Planning Board notice of decision, I do not believe it to be within my discretion to allow removal of the tree under the current circumstances. Contrary to what has been indicated to this point, the tree was clearly designated for protection and preservation during PB approval of the subdivision. Nothing in the submitted materials demonstrates that there is an immediate safety concern. All things indicate that any potential safety issue would be created by the proposed construction. In order to authorize removal of the tree, a modification of the subdivision plan is required. It will be up to the Planning Board chair whether the modification can be handled administratively or whether it needs to return to the full board for consideration. As the proposed construction of the garage and the rear of the main house seem to be in direct conflict with the required tree protection detail on the approved subdivision plan, we will not be able to issue either building permit until this is resolved. Please consider this email to serve as notification that removal of the tree without Planning Board approval would be a violation of the approved subdivision plan and would be pursued as an enforcement matter. Conducting site work without the required tree protection in place would likewise be in violation. On a related note, have you had a preconstruction meeting with the Engineering Department yet? I don't see any record that the pre-con has been conducted as required before any work is allowed to take place on the site. Please contact the Engineering Department to schedule the meeting. Thank you, Patrick Cogan Zoning and Building Inspector City of Saratoga Springs (518) 587-3550 x2491 From: "Lou Galarneau" <lou@galarneaubuilders.com> To: "Patrick Cogan" <patrick.cogan a@saratoga-springs.org>, "ed" <ed©galarneaubuilders.com> galarneaubuilders.com> Sent: Friday, March 19, 2021 11 :37:05 AM Subject: Fwd: [EXTERNAL] 131 Middle Avenue - Decayed Tree CAUTION: This email originated outside of the City network. Please contact IT Support if you need assistance determining if it's a threat before opening attachments or clicking any links. Morning Patrick This is the tree question for the Southern house on middle ave. Should I look to someone else for the answer? Get Outlook for iOS From: Southern Mike <msouthern@patientkeeper.com> Sent: Friday, March 19, 2021 11:29 AM To: Lou Galarneau Subject: EW: [EXTERNAL] 131 Middle Avenue - Decayed Tree Lou, per your request, see below and attached. From: Libby Coreno <libby@corenolaw.com> Sent: Monday, December 7, 2020 1:33 PM To: Patrick Cogan <patrick.cogan@saratoga-springs.org> Subject: [EXTERNAL] 131 Middle Avenue - Decayed Tree Hi Pat: A month or so ago, we talked briefly about an old maple tree located at the rear of 131 Middle Avenue in the City. My clients, Kim and Mike Southern, have worked diligently with Balzer & Tuck to design the house away from the tree, as called for in their subdivision approval. However, as noted in the attached, the tree is decayed and will not survive any manner of construction on the lot. The owners have yet to apply for a building permit or commence construction and seek to resolve the issue of the tree with the City in order to ensure the safety of their neighbors' structures prior to construction. Would you mind taking a look at the attached letter with exhibits and letting me know whether the City will allow the safe removal of the tree prior to construction under its health and safety powers? Please give me a call if you have any questions or concerns. Thanks Libby ion t •rr+ JIRI nl M. ELIZABETH CORENO..Q.P.c. The Law Office of M. Elizabeth Coreno, Esq., P.C. 63 Putnam Street, Suite 202 Saratoga Springs, New York 12866 Office: (518) 682-6901 Fax: (518) 682-6902 www.corenolaw.com This electronic message is intended only for the use of the individual or entity named above and may contain information that is privileged and/or confidential which is protected by the Attorney-Client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, or experience any problems receiving this transmission, notify us immediately. Thank you. Confidentiality/Privilege Notice: This e-mail communication and any files transmitted with it contain privileged and confidential information from the City of Saratoga Springs and are intended solely for the use of the individual(s) or entity to which it has been addressed. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or taking any other action with respect to the contents of this message is strictly prohibited. If you have received this e-mail in error, please delete it and notify the sender by return e-mail. Thank you for your cooperation. "tt CREATING PLACES OF PRIDE SINCE 1976 Brookside Nursery Garden Center - Landscape Design/Build - Nursery Michael and Kimberly Southern 124 York Ave Saratoga Springs,NY 12866 ere Sugar Maple 133 Middle Ave Thanks for taking the time to meet with me on Friday and explaining your dilemma in regards to the Sugar Maple.I am going to break my analysis down into three parts. Imre a Growers Perspectiv : Although the tree is healthy at this point it is showing advanced signs of Maple dedine.This is common to the Acer family especially with the age and maturity of this tree.This is evident by the dead brandies along some of the larger branches and a few of the central leaders.With urban trees that have an abundance of sunlight,trees tend to develop multiple competing trunks.This type of growth is more susceptible to breakage and limits life expectancy. From a landscape Contractors Perspective: When trees are identified and required to be protected on projects there are two rules of thumb that address this.1:For every inch caliper at the DBH,you must stay 1'away.2;You must stay out of the drip line of the trees canopy.This enables the root zone to be protected and remain undisturbed,while also reducing compaction.Both of which add severe stress to a tree,especially one at this age.Additionally upon evaluation that the spread of the root zone is above average.This commonly happens when areas have shallow soil depths and are in dose proximity to rock_ From a Planning Board Chairman's Perspective: As a planner we are tasked with preserving the past as well as guiding the future.Being in the trade I know the aesthetic value of assets like these.However this specimen is already having an impact on the neighbors.Again,because of the abundance of sunlight the tree has a very wide canopy which allowed the canopy to become crotched very low.By growing this way the competing leaders are unproporlionally weighted potentially leading to a break that will be impacting neighboring properties. Perhaps a trade off would bete replace with a native species on the city's sustainable tree list?Damage from construction activity does not usually show up for 1 to 2 years.At which time it will make for a costly and challenging removal_ it is my reco-•—endation that the tree be rerrived.I hupt:i've explained my observations reasonably. Please contact me with any questions you may have. (4/2/ V74 . WWW BROOKSIDENURSERYCOM 824 State Route 67 Ballston Spa, NY 12020- Phone (518)885-6500 - Fax(518)885-6580 ' . . 47 ' OW ' ti i‘4 I a lop ca a Lf) UJ ' UP a 4, a f . 0 a ... .,..- DRIP EDGE 7 ORANGE POLYETHYLENE I I WARNING FENCE .41r.-...., I. ill ill ......, ,.? .... , . RF,OERADTINGREE:.TRPROETEEPCRTOIDNTECCOTIONNDIARTIOENAS.: I ' ' 1111 i ' ADD WATERPROOF PERMANENT SIGN I , MIN.3 SIGNS PER TREE,OR 1 SIGN EVERY 20O.C.FOR GROUPINGS OF -Air-- I TREES 4` I [ METAL POST H 1, IU U LI f, i.a I'' •• • • 4 - !' .- E Ii-. • • • • r 1 f . Ii- � 1 i Fwd: Tree Mike and Kim Southern <mksouth@verizon.net> Tue 4/20/2021 12:55 PM To: Libby Coreno <libby@corenolaw.com>; msouthern@patientkeeper.com <msouthern@patientkeeper.com> Forwarded message --------- From: Eileen Christopher <eileen christopher@ecspsychological.com> Date: Sat, Apr 3, 2021 at 8:43 AM Subject: Tree To: Kim Southern <ksouthern67@gmail.com> To whom it may concern , My name is Eileen Christopher. I have lived at 120 York ave for 50 + years. It has come to my attention that my neighbors would like to build a house on the middle ave lot directly behind their 124 York ave home. I support that and the removal of a large and aging maple tree that hangs over my property. Due to the location of this tree it has continually caused issues with my pool and small patio area. Large limbs come down and land in my pool after every big storm. I have worried more of late that this tree is getting worse with age. Please allow the Southern's to remove "their"tree off "their" property.This will make a safer yard for all adjoining neighbors. Sincerely, Eileen J Christopher Sent from my iPhone Dear Mike and Kim, I am pleased that you are building your new home on the lot next to mine and look forward to being neighbors. I am writing with regard to the large sugar maple tree that is located on your lot, next to my home on Middle Ave. I wanted to share with you my concern over the safety of that tree. For many years I've been fearful of that tree falling down on my home, garage or backyard gazebo while I am entertaining friends and family. As it is, years ago another tree that size on that property did fall during a storm and hit my house and another neighbor's house. Anytime there is a storm or high winds, I hear it creaking rid am so afraid it will fall. I am not sure if there is a plan to remove the tree during the build process, but if there is any way that is possible, I would be most grateful. Thank you for your consideration, gif Anne Boyar t97-17 �,�nu a'u� �