DARIEN, CT — A second Darien resident has filed an appeal objecting to the decision by Darien Tree Warden Michael Cotta to remove 15 trees from Great Island to widen 23A, the access road to the property.
Alexis Sweet filed the appeal in Stamford Superior Court on Sept. 26 within the 10-day window following Cotta’s decision. The first appeal was filed by fellow Darien resident Luz Helena Bueno.
Darien held a public tree hearing on Sept. 12 after residents objected to the posted removal of three white spruces, three Eastern hemlocks, and nine Norway spruces along 23A.
During the public tree hearing, residents urged the town to find other solutions and wait until more is known about the larger plan for Great Island. Some residents said the trees add to the feel of the property, and others said there had been little transparency about the proposed cutting.
Town officials said the removals are needed to allow for safe and efficient access for emergency vehicles, construction vehicles and residents, regardless of what the final master plan is for the property.
Sweet’s appeal claims she regularly visits Great Island and walks past the trees and “enjoys their shade and iconic beauty.”
“Removal will cause a direct impact on the Plantiff’s enjoyment of Great Island make her more reluctant to visit the property,” the appeal says, noting the removal will also cause “irreparable harm to fauna habitat” on the property.
The appeal also says that Cotta’s decision “did not comport with statutory requirements… since no opinion was offered in the final decision,” and the appeal says supplemental information released by the town after Cotta’s decision “cannot be said to provide an opinion.”
The supplemental information further explained the need to remove the trees.
“When the Town of Darien acquired Great Island, the use of the property changed from Residential to Municipal, which necessitated certain improvements to meet the standards for access,” the town added in the supplemental information post. “These two standards – for regular and emergency vehicle access – are essential under any master plan scenario and cannot be met without a two-lane access road (including a sidewalk for pedestrian safety) from Ring’s End Bridge to the Traffic Circle. This conclusion was reached after extensive discussions with road engineers, safety professionals and other experts, including the Fire Marshal.”
Sweet’s appeal claimed that during the tree hearing, Darien representatives “discussed the fact that emergency vehicles could already access the property,” and she highlighted the town’s purchase of the nearby traffic circle in 2023, and First Selectman Jon Zagrodzky saying at the time it “100 percent takes care of all access issues.”
The appeal also mentioned Zagrdozky’s comments during the recent tree hearing when he indicated he’d be open to having another information session or communication.
“These trees are not going to get destroyed before we have this additional communication,” Zagrodzky said at the time.
Sweet is seeking a declatory judgment that public safety does not demand that the Great Island Trees be removed, as well as a permanent injunction prohibiting their removal.
A temporary injunction is also being sought proibiting the removal of the trees until an additional hearing is held “as promised by the Town First Selectman,” and Cotta produces an opinion.
Following the first appeal in late September, Selectman and GIAC Chair Monica McNally said the town was working with counsel.
“While this may cause some delay, our goal remains to open up access to this extraordinary property that the town acquired 16 months ago, all while being sensitive to the environment,” McNally said at the time. “We will keep everybody informed as the process goes along.”
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