Area Residents to Utility Companies: Save the Trees

Rockland and Westchester residents told the state's Public Service Commission on Monday the agency should unplug its current regulations for clearing trees near power transmission lines because of the negative impact they're having as green buffer zones in suburban communities throughout the area are cut down.

Opponents of the power line right-of-way maintenance rules spoke during a PSC public hearing at Ramapo Town Hall, one of a series of hearings scheduled by the agency in the wake of criticism of tree-clearing practices implemented by utilities under a mandate from the PSC. The agency, in 2005, told power companies to do more to clear trees along power lines as a result of a 2003 incident in which a major regional blackout could be traced back to an incident in which a line was damaged by a fallen limb.

Until the tougher tree clearing standards, local officials say utilities such as Orange and Rockland Utilities and Con Edison would trim trees along power light rights-of-way. However, officials say the new PSC rules lead to widespread removal of thousands of trees that for years had shielded homes and parks from power lines. The outcry over implementation of the rules led to the unusual move by the PSC to open a special series of public input sessions on its rules.

Monday's hearing at Ramapo Town Hall was presided over by Jaclyn Brilling, secretary for the commission. It was the first of six such hearings throughout the state, with the second also coming on Monday at the Yonkers Public Library. Tuesday, there is a hearing starting at 1:30 p.m. at the Greenburgh Public Library and another at the senior center in Montgomery in Orange County starting at 5:30 p.m. The other two hearings are in early September, with one in Syracuse and the other in Albany.

Most of the residents who got up spoke Monday railed against practices implemented by Orange & Rockland, or companies working for O&R to keep right-of-ways clear. Many spoke of a sense of invasion by the companies as they came near homes to cut back trees. Many commented that they wish they would get some notification when companies were sending people over, so they didn't come home or look outside and see people in their yards during right-of-way work.

Under the new PSC rules, utilities are required to keep power lines clear of trees:

•   Trees planted 30-60 feet from transmission line right-of-ways should not exceed 15 feet in height.

•   Trees planted 60-90 feet from transmission line right-of-ways should not exceed 25 feet in height.

•   Trees planted 90-120 feet from transmission line right-of-ways should not exceed 60 feet in height.

Right-of-way maintenance is reviewed and assessed by the PSC annually.

Don Sullivan of Tappan said he has lived across the street from high-power lines for 32 years, as well as the Joseph B. Clark Rail Trail that runs through Orangetown. He said originally, the trees were just being trimmed, but now close to a third have been cut down.

"It looks like a tornado went through the area," he said.

Amy Kupferberg came to hearing from Westchester, where she is a member of the LORAX Working Group, a Greenburgh-based group that is "is tasked with the study of current regulations, guidelines and practices relating to Con Ed's Distribution Line Clearing and Transmission Line Clearing activities," according to its site.

Kupferberg didn't speak at the hearing, but said she was planning on going to the Yonkers hearing on Monday, as well as the one in Greenburgh, where she intends to speak.

She wants to see mitigation from the companies, as well as "more of an understanding of balance between nature, environment, homeowners and the big businesses."

Kupferberg said she has been writing to the PSC since November, after about 450 trees behind her house were cut down. She said that since the trees were cut down, the asking price of the house, which was on the market, dropped by 30 percent. She also noted that now there is a clear view of the Spring Brook Parkway from her backyard, where countless cars loudly pass each day.

"Who's going to want a house with three acres if you can't go outside because you can't hear anything," she said. "You can't have a conversation unless you're all yelling."

Another member from LORAX, appropriately named for a Dr. Seuess book of the same name in which the main character attempts to save trees, was at the hearing as well. Marvin Baum was there as a part-owner of his parents' house in Bardonia, which had a number of trees cut down due to right-of-way management.

Baum also had an issue with how utility company workers showed up to his parents' house, sometimes using unmarked cars and not wearing uniforms.

One thing Baum would like to see is a property owner's Bill of Rights to ensure that homes long shielded by trees would not suddenly be exposed to visual pollution by having trees cut down.

"Not a single blade of grass has been planted to mitigate the damages," he said.

He would also like to see a carbon impact statement from all the work being done to the trees. He noted that it's been a very hot summer, which might partially be to fewer trees in the area, as "trees absorb huge amounts of carbon," he said.

Rockland County Legislature member Connie Coker of South Nyack also warned against the dangers to the environment in cutting down trees. She said the trees keep homes cool, which in turn lowers the need for air conditioning and reduce electricity use.

Coker wasn't the only public official to make an appearance. Clarkstown Town Clerk David Carlucci also got up to speak during the hearing.

"Utility companies must respect beauty of the county," he said, later adding the "character and uniqueness of the county shouldn't be changed."

He also gave two things he'd like to see implemented to help solve the problem. The first is that residents are to be notified of all planned cuttings, trimmings and visits from companies. The other is he would like companies to hold public education forums around the state to let residents know exactly what work is being done and why, and allow the residents to receive answers to any other questions they might have.

Rockland County Legislature Chairwoman Harriet Cornell of West Nyack has called for the PSC to include rules that would put the decision about which trees to remove into the hands of arborists, not landscape contractors hired by utilities. She contends this would make sure that an excessive number of trees are not removed simply for the sake of expediency and to keep costs down.

Anybody wishing to comment on the issue can write to Brilling at NYS Public Service Commission, 3 Empire State Plaza, Albany, NY 12223-1350; or, call the toll free 24-hour hotline at 1-800-335-2120 or; submit comments on the PSC's website. You can also e-mail Brilling at secretary@dps.state.ny.us.