Town Council Spares Tree by 5–4 Vote

By Adam Swift

A single oak tree dominated the debate at the Town Council meeting on Tuesday, August 16, with the council voting 5-4 not to cut down the tree on public land in front of a private home on 190 Somerset Ave.

The owners of the Somerset Avenue home requested the town cut the tree down over a year ago and had the support of a number of nearby residents. They claimed the tree was blocking the sidewalk, impairing handicap accessibility, had caused several injuries, and was damaging the foundation of their home.

On the other side, the members of the town’s tree commission pointed to several reports stating that the tree was healthy, and that the town does not have the authority to cut down a healthy tree on public land.

“Oaks are good, strong trees,” said tree committee member Tim Duplin. “If it was a Norway Maple, I would say take it down tonight.”

Duplin and several other members of the tree committee noted that there are many people imploring the town to spend money on a tree canopy to help protect against environmental concerns, and that it would set a bad precedent to cut down a healthy tree.

But property owner Michael Diluiso said the town would set an unfortunate precedent if it allowed the tree to stay in place and continue to damage his property. 

Lucy Diluiso noted that most of the people speaking in favor of saving the tree did not live in her neighborhood. About a half dozen people from Somerset Avenue wrote to the Town Council stating they were in favor of the Diluisos and having the town cut down the tree.

“This tree does not affect you,” Lucy Diluiso said about the tree committee members trying to save the tree. “It affects me and the people living in my neighborhood every day.”

While the final decision to remove the tree did not rest with Town Manager Tony Marino, Marino said he would recommend the town cut down the tree due to potential liability issues and legal fees.

Councilor-At-Large Rob DeMarco made the motion for the town to remove the Somerset Avenue tree, agreeing with Marino that leaving the tree up would increase the town’s potential liability. However, he added that the decision should not have been the Town Council’s to make in the first place.

“This decision should have been made by the tree warden, in my opinion,” said DeMarco. “I don’t think it is a decision we should have to make … we are not the experts here.”

Precinct 6 Councilor Stephen Ruggiero voted against the removal of the tree, noting that under Massachusetts General Law, there were still questions as to whether the council has the authority to order the removal of a healthy tree from public land.

Precinct 4 Councilor Barbara Lockhart said she would not support the town cutting down a tree that several reports stated was healthy and stable.

“The property owners definitely have a problem with the tree, but I don’t think it is great enough to sacrifice the tree,” she said.

Ruggiero, Lockhart, Tracey Honan, Joseph Aiello, and John Munson voted not to remove the tree, while councilor Hannah Belcher, Richard Fucillo, and President James Letterie voted alongside DeMarco to have the town remove the tree.