At their Sept 15 meeting, the Greenwich Planning & Zoning commission discussed a proposed modification to a previously approved landscape plan that was part of a 2025 approved application to demolish and existing house and build a new 7,559 square foot single family residence as at 40 West Way in Old Greenwich.
The applicant wanted to cut down a 24″ diameter tree located 20 feet from a sea wall, ten feet above sea level.
The applicant is OG Life Investments, where a new single family residence within 100 ft of the coast on a property in the R20 coastal overlay zone and flood hazard overlay zone is under construction.
The tree is healthy with no visible signs of disease to its trunk or main stem. The tree is estimated to be about 75 to 80 years old and is about as tall as the new house.
The applicant was concerned about the tree’s proximity to both the new house and the sea wall, and that the tree would be vulnerable to storm damage.
The applicant included a letter from Connecticut arborist Dan Holmes who said the tree was exposed on three sides with the “potential for catastrophic failure due to strong winds.”
The arborist said a concern was that the tree leaned toward the sea wall and might put pressure on it.
“With increasing storms along the coast, this will likely lead to failure with the potential for structural damage and harm to human life if not dealt with prior to construction completion,” Holmes added in his letter.
Representing the applicant on Tuesday was architect Robert Brehm, who said, “I see I haven’t convinced you the danger in a large tree 20 ft from the house could be.”
P&Z commission Chair Margarita Alban said, “It’s not that you haven’t convinced us. It’s that neither your arborist or our tree warden cited there being a danger.”
“The tree is alive,” said P&Z alternate Brooks Harris. “It’s not in danger of dying. It’s a healthy tree. It’s leaning out toward the water. It hasn’t fallen in previous storms.”
Alternate Commissioner Mary Jenkins said the tree was beautiful and suggested the applicant protect it during construction and keep an eye on it.
She said trees at her own house that were taller and closer than the oak at 40 West Way.
Arn Welles said large trees overhang his own house, and that he cables and trims them where necessary, and has an arborist fertilize them annually.
“You want to manage risk, bring an arborist in and preserve the tree, trim it where necessary, wire it where necessary and enjoy the benefits,” he said.
“You’re worried the tree might fall, I’d be worried about waves coming over the sea wall and scouring out your front yard. That tree root system is going to protect you and because it’s going to hold your earth,” Mr. Welles continued. “It gives you a number of benefits I’m not sure you’re taking into account.”
“Following your concerns, we could clear cut every tree within 200 yards of the shore and no one in town wants that,” Welles said.
Commissioner Peter Lowe said any tree had the potential to fall or fail. He asked if the applicant had any other reason to remove the tree, including to preserve a view.
Mr. Brehm said that was not the reason, and that the tree framed the view.
“It’s not about the view, it’s about safety,” Brehm said.
Ms Alban said Oak trees generally offer better overall wind resistance due to their stronger wood density, deeper root systems and sturdier branch structures.
“You are dealing with a tree that has been there for a while, has good caliper and has survived most likely some pretty significant winds,” Alban said. “Of the species you could plant, it is one of the wiser ones.”
“The key for us is neither the arborist nor the tree warden has indicated a danger,” Alban said.
Commissioner Nick Macri said the original landscape plan indicated very specifically that this specific tree would be protected. He said if the tree were to fall it would land on an open porch constructed of concrete and steel.
“I think this tree, as proposed, stays,” Macri said. “I think we should say, we’re done with this and move on.”
Ms Alban said the applicant could return to the commission if the tree were to become diseased.
Brehm asked if the tree could be pruned.
“Healthy pruning. Not Draconian pruning,” Mr. Lowe said.
“If you prune it, use a certified arborist,” Alban said.
“If somebody accidentally over prunes this tree and it dies – I hope that doesn’t happen because that would be unfortunate,” Mr. Harris said.
P&Z director / town planner, Patrick LaRow asked whether construction fencing for tree protection was in place to the drip line.
He said the photos in the arborist’s report the fencing was down.
Mr. Brehm said the fencing had been put back up.
