By Khalida Sarwari
For a while it looked like it would be coming down, then it was up in the air, but now it appears that the life of the Italian stone pine tree on Regan Lane, beloved by many in the neighborhood, has been extended at least for another few years.
Weighing one tree expert’s word against another’s, the Saratoga Planning Commission ultimately agreed the stone pine is healthy and doesn’t pose an immediate risk to surrounding homes. Their agreement was sealed in the unanimous vote they took on the issue at a meeting on March 23. Commissioner Tina Walia abstained from voting because she lives on the same street.
“Overall, I feel that Saratoga is a tree city, and I have to admit that I came in with a predetermined decision tonight,” said Commissioner Sunil Ahuja. “I can’t say it’s the same decision, and I can’t say that one thing changed my mind.”
Ahuja added, “Based on everything together–some people are going to be happy, some people are not going to be happy–I vote to uphold the appeal.”
The appeal referenced by Ahuja was filed last fall by Megan Leney, a resident who lives next door to the property where the tree actually stands. Leney was contesting a permit her neighbors–the Abhyankars–had applied for to take down the tree.
The tree is in the Abhyankars’ side yard, but the canopy overhangs one section of the Leney household. The disagreement between the families stems from a difference of opinion about what to do with the tree. The Abhyankars want the tree removed because they claim it is a potential liability, while Leney and her family see it as a signature of the neighborhood.
The two families spent nearly three hours elaborating their positions at the Feb. 10 planning commission
meeting. The Abhyankars brought Brian McGovern, an experienced tree expert, to help them make their case more strongly, while Leney brought her 17-year-old daughter, Hannah, for whom the tree has been a mainstay in her life, having grown up right next to it since she was less than a year old.
The planning commission agreed to give Leney six weeks to hire an arborist of her own to get a second opinion about the tree’s health. That arborist was Joe McNeil, who after assessing the tree concluded that it poses a “low risk,” especially in the next three years and possibly more if it is regularly maintained. McNeil presented his findings at the March 23 meeting.
After nearly an hour and a half of presentations, speakers and questioning of the parties involved, the planning commission appeared much more prepared to make a decision compared to the last meeting.
“To me it boils down to a liability issue,” said Ahuja, before asking Leney if she would be willing to accept liability for the tree since the Abhyankars have maintained all along that they would not. After conferring with her husband, Leney responded in the affirmative.
“I would not hold them liable if the tree fell on our house,” she said. “And, our homeowners insurance covers that as well, so we are covered and we are absolutely willing to accept responsibility.”
She said she would also be willing to partner with the Abhyankars to help maintain the tree.
Before voting to uphold the appeal, Commissioner DeDe Smullen commented on the “he said, she said” aspect of the hearings she said she and her fellow commissioners were subjected to.
“While trees are important to our community, neighborliness is also a huge value, and I wish that these types of decisions could be decided away from the planning commission, between neighbors,” she said.
Link: Italian stone pine tree will live on, thanks to planning commission
