Tag Archive | "Ray Smith and Associates"

Black Oak Falls on Jermain Avenue

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Tuesday morning the Village of Sag Harbor entrusted Ray Smith, a Southampton arborist, to cut down a 100-year-old black oak tree on Jermain Avenue. Despite two weeks of debate between village officials, residents and members of the Sag Harbor Tree Fund, just a handful of people — mostly village officials — looked on as the tree was felled and Smith’s own assertion that the tree was decaying from the inside out were confirmed.

However, it was not Smith’s professional opinion about the tree’s health that first sparked the debate over whether the Jermain black oak should be cut down or not, but rather two car accidents in the last six months involving the tree. In both accidents, the drivers hit the historic tree, which is located in front of Oakland Cemetery, flipping the vehicles onto the other side of the road. Both drivers had to be extricated by rescue personnel and transported to the hospital — one via helicopter — with injuries as a result of the crash.

Following the second accident, which occurred in August, village officials said an accident report signified a “notice of defect” in the eyes of the village’s insurance company. A “notice of defect” must be corrected, according to Sag Harbor Mayor Greg Ferraris, or the village stands to become liable without any insurance coverage. Ferraris said, having witnessed the scene of both accidents, that he viewed the tree as a health and safety risk to residents.

These concerns were only compounded by an initial report released by Smith on September 17.

“It is my opinion this tree is hazardous and should be considered for removal,” said Smith in the letter. “There are significant areas of visible decay for an approximately seven to eight foot length in the main trunk which leads me to conclude there is possibly more decay in the trunk … The tree has retained enough conductive tissue to support a healthy, heavy canopy which further predisposes it to failure.

However, last week, members of the tree fund, after reaching out to experts in the field, said decay in the black oak could only be determined by completing a coring of the tree with a resistograph.

On Friday, with the consent of Sag Harbor officials, Smith performed the coring to measure the amount of decay in the trunk of the tree. Ferraris said following the coring, Smith said he was amazed one of the accidents had not taken the tree down.

According to a report written on behalf of Smith, by arborist Jackson Dodds, there is a cavity in the main trunk of the tree, approximately 38 inches in diameter running an approximate depth of greater than 10 feet.

A day earlier, on Thursday, September 25, Sag Harbor Village officials were also furnished with a letter from the director of risk management, Robert Bambino, of New York Municipal Insurance Reciprocal – the property and casualty insurer for the village.

“Based on a review of a letter issued by Ray Smith of Ray Smith & Associates concerning his evaluation of the health of the tree, and photographs sent to us showing its location on the roadway, we believe the tree should be removed,” said Bambino in the correspondence.

And on Tuesday, with little fanfare, it was.

Following the tree’s removal, Ferraris said other street trees in Sag Harbor were not at risk for removal — even those creeping into the street like the Jermain Avenue black oak. However, one hanging six-to-eight inch diameter branch, at Jermain Avenue and Palmer Terrace will be cut back.

“If we become aware of something else, we will look at it,” said Ferraris, adding that village clerk Sandra Schroeder will be working with the tree fund to come up with a formal policy on how situations like this are handled in the future.

The debate over the tree also led to a discussion about traffic calming on Jermain Avenue, with some residents asking for larger solutions to perceived speeding issues on the road, which has become a thoroughfare from Route 114 to the Sag Harbor/Bridgehampton Turnpike and Noyac Road.

On Tuesday, Ferraris said he had contacted the New York State Department of Transportation, which will provide the village with boxes designed to track the speed of vehicles on a roadway.

“It is the first step in gathering information on how we move forward,” he said. “We will have to see what comes back.”


Historic Black Oak In Sag Harbor Scheduled For Removal

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After a week of debate over the fate of a 100-year old Black Oak on Jermain Avenue in Sag Harbor, village officials will remove the tree after receiving a report from a local arborist that deemed the tree a hazard.

For the second time in six months, on August 30 a driver hit a hundred-year-old black oak tree on Jermain Avenue in Sag Harbor in front of Oakland Cemetery flipping the vehicle over onto the other side of the road. For the second time in six months the driver of the vehicle had to be extricated by rescue personnel and was transported to the hospital with injuries as a result of the crash.

And now the Village of Sag Harbor will remove the tree, to the dismay of some community members who saw a dual opportunity to save the historic tree and implement traffic calming measures on Jermain Avenue.

On Wednesday, Ray Smith, President of Ray Smith and Associates, a Southampton-based arborist, informed Sag Harbor Village Superintendent of Public Works that after his inspection he viewed the Black Oak as a hazard.

“It is my opinion this tree is hazardous and should be considered for removal,” said Smith in a letter dated September 17. “There are significant areas of visible decay for an approximately 7-8 foot length in the main trunk which leads me to conclude there is possibly more decay in the trunk. There is also a visible stress fracture that runs vertically up the length of the tree for approximately five feet. The tree has retained enough conductive tissue to support a healthy, heavy canopy which further predisposes it to failure. When a full canopy in a large tree such as this Black Oak is combined with significant areas of decay in the main trunk it significantly increases the chance of structural failure in high winds and extreme weather.”

After about a week of rumors churning in Sag Harbor that village officials were looking to take down approximately half-a-dozen trees because they posed a liability, mayor Greg Ferraris said on Monday the village planned to remove only one tree – the oak on Jermain Avenue.

“Last week I was informed that the village received a ‘notice of defect’ regarding the tree,” he explained in a written statement on Wednesday. “This ‘notice of defect’ technically puts the village on notice that it needs to remediate the situation that caused the defect. In speaking with our insurance representative today, if another incident were to occur at this location due to this defect, and the individual made a claim, there is a probable chance that the village would be liable without any insurance coverage. This scenario could already be in play due to the circumstances surrounding these horrific accidents.”

In addition to the August accident, where an East Hampton woman was transported to Southampton Hospital, a February accident led to a Sag Harbor resident being airlifted to Stony Brook University Hospital for medical attention. There have been three accidents at the tree, said Ferraris in the last two years.

On Wednesday, Ferraris stressed that even if the insurance company had not become involved, after witnessing the scene of both accidents he believed the tree presented a health and safety risk to residents.

“I do not want to even begin to compare the seriousness of these accidents and the potential harm to the health and safety of an individual with the historic nature of this tree,” he said.

But on Thursday, during a historic preservation and architectural review board meeting members of that board expressed grave concerns at the prospect of historic trees being removed by the village.

“There has to be alternatives,” said board member Robert Tortora.

Village attorney Anthony Tohill said he had yet to be informed about the situation, but would follow up on the matter. He did add he has seen traffic calming measures implemented in cases like these elsewhere, rather than the removal of a tree.

On Wednesday, after hearing news that the village would in fact remove the oak, Mac Griswold, a member of the Sag Harbor Tree Fund, released a statement about the situation.

“Jermain Avenue between Main and Madison is a dreaded speedway, a bypass for Routes 114 and 27,” writes Griswold. “Children are told not to use it to walk to school. Now a century-old black oak arching over this residential street has been the scene of two accidents. An order is out for a take-down.”

Griswold goes on to question what factors the village considers in a decision like this and suggests that a traditional traffic calming measure known as a bump-out, where a curb is wrapped around the tree, could be implemented in this case.

“Our old trees close to or in the road should have bump-outs,” she said. “If we protect this tree now, instead of taking it down, we’ll save a tree, set a standard and slow Jermain.”

But according to Ferraris, village officials have already looked at a bump out and determined that this particular spot on Jermain Avenue is too narrow for the measure, and if installed would not provide a safe route for traffic in the eastbound lane.

And now, with Smith’s assessment on file, the village will likely move forward with the tree’s removal in the next two weeks.