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Residents press Upper Yoder to address dangerous locust trees at Berkeley Hills cemetery; board will consult solicitor
Summary
Residents presented an arborist report and urged supervisors to remove several large locust trees at the Berkeley Hills cemetery that they say are leaning and pose a risk to neighboring property; the board said it will consult the township solicitor to clarify ownership and liability before action.
Residents asked the Upper Yoder Board of Supervisors to act on hazardous trees at the Berkeley Hills cemetery during the public participation portion of the meeting.
Rick Luma, chair of the township board of auditors, asked for an update on Carriage Hills sewer matters and others raised the cemetery issue. Brian Hawkinsmith, who submitted the arborist report referenced by the board, told supervisors he and his wife paid for the report and that volunteers maintain the cemetery but ownership is unclear. “I wouldn’t be here if we knew who owned the cemetery,” Hawkinsmith told the board.
Stephanie Hawkins said the arborist noted several dangerous locust trees; she said one tree already fell last March and described roofing damage to a neighbor’s home. She told the board her husband paid $299 for the arborist assessment and said volunteers do not have the means to remove 70-foot locusts. “We just have to watch,” one supervisor said, explaining the township must determine whether it has legal authority before removing trees on property with unclear ownership.
The solicitor’s written advice reviewed by the board did not address standing trees in the arborist report, the transcript shows; supervisors said they will consult the solicitor again and search deed/recorder records to clarify ownership. Board members noted potential liability if the township acts without clear title and asked staff to explore deed-record searches, recorder-of-deeds checks and whether volunteer or grant options are available to handle removal costs. A resident reported receiving a contractor quote of about $1,000 to remove a single tree; the arborist report identified five trees of concern.
What happens next: the board agreed to ask the solicitor for legal options and will report back; residents were advised that the township may be limited in what it can do until ownership is established.
