July 10, 2008

Russell K. Barnett, Director

Environment & Waterways

124 West Main Street,

P.O. Box 9090

Smithtown, New York 11787

Dear Sir:

Yesterday, I took the time to stop by your office to inquire if there are any

regulations that residents must adhere to with regard to changing the grade

of their property with mounds of dirt thereby choking the street trees along

the roadside portion of their property. I was told by your staff person,

your department has no jurisdiction over this and take my inquiry to

the Planning Department. I am not talking about new developments.

As there was no one else available to further pursue my question, I left.

Hence, I write you. Are residents allowed to bury, choke and eventually kill

our street trees with mounds of dirt they have their landscapers pile to create

a barrier/wall between the roadway? Does not your forester see this when he

makes his inspections to evaluate the health of our street trees? Why hasn’t your

department addressed this problem, given out fines, taken action to have the

residents return the grade to preserve the health of our street trees. Does

this not go against the code?

Too many mixed messages.

Respectfully,

Lucia Alberti

70 Edgewood Avenue

Smithtown, NY 11787

cc: Smithtown Civic Association