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Beaver Borough Council authorizes removal of front-yard tree at 235 4th Street after resident appeal

Beaver Borough Council · June 25, 2024
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Summary

After a resident said a maple’s roots were disrupting his sidewalk and yard, Beaver Borough Council voted unanimously to allow removal of the tree at 235 4th Street, overruling the Shade Tree Commission’s prior denial and noting potential liability concerns if damage occurred.

Beaver Borough Council voted unanimously June 25 to allow a resident to remove a front-yard tree at 235 4th Street after he told the borough the roots were damaging his sidewalk and possibly his home’s foundation.

Resident Rob Dinsmore told council he had applied to the Shade Tree Commission for removal and that the commission denied the application. Council President Sean Snowden said the Shade Tree Commission is advisory and noted council could authorize removal if it determines the tree is harming private property. The council amended the agenda and later approved a motion by Alex Sebastian, seconded by Whitney Learn-Conjeski, granting Dinsmore authorization to remove the tree.

Councilmembers discussed the liability implications if the borough declines removal and the tree subsequently causes harm. Solicitor Garen Fedeles warned that if the Borough is asked to remove the tree and declines, it could face liability if something later happens involving the tree. Code Enforcement Officer Rick Sprecker told council he had viewed the tree and believes it is too large for the front-yard area cited by the resident. Councilmember Michael Deelo noted that, as an advisory body, the Shade Tree Commission’s decision can be overruled by council and reminded the meeting that there is a fine for removing a tree without proper authorization.

Dinsmore said he was not opposed to planting another tree if removal proceeds. The motion to grant removal passed on a voice vote with all councilmembers present voting in favor.

The council’s action authorizes the property owner to proceed; it does not set aside any penalties associated with unauthorized removal pending follow-up administrative steps. Council minutes record that the Shade Tree Commission had not provided meeting minutes or a written denial in the packet.