Norwich bulletin., 1921-05-06


 Transcript an dposted on said trees. when the parties appeared and were full ly heard.
 Survey of Reynolds street, between Main street and Broad street. shows fourteen trees along the northerly side of said street varying from s.3 feet ito 1e.S feet in distance from the center of said highway, and along the southerly side of said highway there are five trees varying from s.2 feet to s.4 feet in dIs- tance from the center of said highway A short distance northerly of said \ h. way, on the property of the borough of DAnielson known as Davis Park, is a row of eleven young maple trees with sidewalk lying between said youg trees and the trees along the northerly side of the highway.
 The 1fty-three petitioners of the March 18th petition request that the line of trees on the northerly side of said high way be cut down because they are hind- 1 trees set along the isoutherly side of Da- wis Park, and some testimony was of- ! fered on this point but 1t vas a signifi- cant fact that no officials of the borough of Danielspn, the owner of the small l trees. appeared at tie hearing to give any testimony as to why the large trees should be cut down to protect the sman trees
 It is the policy of the state of Con- necticut. Insofar as possible. 10 protect 1 all shade trees along pablic highways. Sections 2142 and 214S Of the general l statutes provide a bounty for persons | planting the same section 2144 protects i them against injury from electric com pantes; section 2147 provides for towns l to appropriate annually suitable sum l to be expended in planting and care of shade trees along the highways: sec 1 lions 2145 and 214s provide for tree ] wardens in each town. the better to pro- i tect such shade trees. and we believe that it is the policy of the state to pre- serve all Shade trees along the pub 1 lie highways. No testimony was offered showing that said trees were decayed or in danger of falling and thereby in turing any ones person or property, ana we do not believe that public policy would warrant the removing, by whole ] sale, of a large number of full grown 1 and sound trees simply for the purpose ot ] enhancing a younger growth of trees. Several residents and tax payers on the 1 seutherly side of Reynolds street, who l had signed said petition. claimed that 1 their property was injured by not get I ting enough sun and that said trees i along said street shaded their houses, I 1 they were detrimental to their families and pjresented letters from the town i health officer and physicians to support l their claims. We cannot see, however 1 how this row of trees along the northerly side of the street would create such a i condition, and believe that. if such con l dition prevails. it is due to under ground springs and natural drainage ot 1 that locality rather than caused from | fha trna ip tLe 1 petition of the ffty-three residents Is i denied.
 l ID regard to the notice, given by the l five citizen tax payers. of March 2srd in accordance with section 1928 of the 1 general statutes, re would say that said l section provides that the selectrf1en 1 shall cause to be cut, at least once if ] each year, all bushes, trees and branches | of trees growing within ten feet of the center of the travelled way within the
 limits of the public highways in the town and shall. within thirty days there 1 after, cause all the brush so cut to bt II piled and burned. We are of the opinion
 that this section does not apply to pub
 lie shade trees planted along the high
 way, but refers simply to wild growth O
 low brush which hrevtits an unob-
 strpcted view by. persons traveling aloni
 said highway. of other objects on sait
 highway in front of them. or trees witt
 branches hanging 50 low that it impede
 public travel along the highways. If. il
 broader sense, this section applies t
 all trees along the said highway. i
 must be reconciled with the other stat utes providing for the preservation o
 public share trees, and such shade tree
 should not be removed unless they be
 come a menace to the safety of the trav
 cling public. AS heretofore stated. n testimony was offered showing that sai trees were a menace by being in dange