By Khalida Sarwari
Yet another beloved Italian stone pine is at the center of controversy in Saratoga, and this one’s driving a wedge between two neighbors on Regan Lane.
The tree is between the homes of Devyani and Raju Abhyankar and Megan Leney, all of whom appeared before the Saratoga Planning Commission on Feb. 10 to state their cases: the Abhyankars want the tree removed as soon as possible while Leney and her family see it as a signature of the neighborhood, and more than that, a part of her family.
The tree actually sits in the Abhyankars’ side yard, but the canopy overhangs one section of the Leney household next to 17-year-old daughter Hannah’s bedroom. Having grown up next to the tree from the age of 8 months, the stone pine has always been a constant in Hannah’s life, Leney said.
“We’ve always loved that tree, and it’s shaded our house,” she said. “To me, it’s a very special thing to have a tree gateway in our neighborhood. Without it, it will almost be like missing a family member.”
The Abhyankars have a daughter, too, one who returned from college at UC-San Diego last spring and needed to move back home after landing a job in San Jose. Devyani Abhyankar said this decision prompted her and her husband to consider adding a fourth bedroom to their house, which meant taking down the tree.
But, it wasn’t the first time they had attempted that. Their first try was in January 2015 when they realized their garage wasn’t big enough for two cars–one an SUV–and applied for a permit with the city to remove the tree so that they could use an RV pad as an additional parking spot. The problem was the tree’s roots were pushing up the concrete on the street on the RV pad site. The city denied their request on the grounds that they don’t own an RV.
Upon Saratoga arborist Kate Bear’s suggestion to consult a certified arborist, the Abhyankars enlisted the help of Rick Gessner at Monarch Consulting Arborists, who ultimately deemed the tree “structurally dangerous” but elected not to put his assessment in a report. Next, the Abhyankars found Brian McGovern who, according to his website, “has over 20 years of experience evaluating, diagnosing, climbing and caring for trees.”
McGovern conducted an investigation of the tree and came to the same conclusion: The tree is structurally dangerous and could fall and be a liability within the next five years.
“It is absolutely something we were not willing to live with,” Devyani Abhyankar said. “It’s a gorgeous tree, there’s no doubt about it. But no one wants to live with a liability on their hands. No one.”
Realizing that even their insurance wouldn’t cover such a liability, the Abhyankars submitted a second report to Bear, who after reviewing that report and conducting a site visit, changed her stance on the safety of the tree. Agreeing that it posed a risk, Bear granted them the permit to take it down in October. The following month, she sent out notices to residents on the street to notify them about the Abhyankars’ plan for the tree, as well as their right to appeal the permit within a 15-day time frame.
Devyani Abhyankar insisted it has never been her or her husband’s intention to provoke a fight over the tree. The process of assessing the tree so far has cost them close to $5,000, she said, and can cost an additional $10,000 to cut down the tree.
“Our main objective is to make sure we live in a safe surrounding and we are not liable for any damage, death or injury that the structural defect of the tree could cause,” she said.
Leney filed an appeal of the permit immediately after receiving the notice and asked the Abhyankars if she could hire another arborist to assess the tree.
“I wanted to get an arborist because I feel that the tree deserves a balanced perspective and not just the perspective of the people who want to cut it down,” she said.
Devyani and Raju Abhyankar weren’t interested, however, because they felt they’d done a sufficiently thorough job.
“It’s like getting a second opinion, third opinion; where do we stop?” Devyani Abhyankar said. “How many more do you need? Where do you stop? The decision has to be made at some point.”
The two families spent nearly three hours going back and forth, elaborating their positions at the Feb. 10 planning commission meeting. In the end, Leney agreed on a set of conditions offered by the Abhyankars to ensure that the arborist she hires is fully certified, can complete an assessment of the tree by the second week of March and can provide a written report of their findings. The planning commission is expected to take up the issue again on March 23, at which point they’ll consider the new information before making their decision.
“I hope they can make an informed decision with input from both sides of the issue,” said Leney. “I don’t envy them; I think it will be hard.”
