By: KEN BORSUK | June 28, 2021
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The decision that involved reconfiguring the intersection on The Avenue “moved the (parking) spot (away) from the best spot it could be in to make it easier for everyone with a disability,” Gunzburg told the Board of Selectmen.
For a town tree warden to prevent access by keeping a tree in place, Gunzburg said, it violated the ADA’s Title II. which applies to state and local governments.
“When we talk about ADA and trees in the sidewalk, those trees do not belong to the tree warden,” Gunzburg said. “He has no right. He has no standing, and he has no place to do this.”
Instead of involving the tree warden, Gunzburg said the town should have an official policy of calling for the Department of Public Works to come to a resolution with the town’s ADA coordinator when it comes to access.
At the meeting, Tree Warden Greg Kramer said there should be “consideration and collaboration” with town agencies and the public on a case-by-case basis for town projects.
“To suggest bulldozing trees without any consideration from the tree warden I think is inappropriate,” Kramer said.
Assistant Town Attorney Aamina Ahmad agreed.
“You can’t simply cut out the tree warden out of a process,” Ahmad told the board. “There has to be a collaborative process and coordination. But if it turns out a particular tree in question, if it is allowed to remain, will have such an impact on the project that we in any way, shape or form not be in compliance with the ADA, then I think that’s where we say as a municipality that the ADA comes first.”
First Selectman Fred Camillo said, “Let’s continue this conversation and see what we can come up with.”
Sunshine Avenue hearing
Gunzburg called the Sunshine Avenue tree hearing “one of the most ableist things I have ever been through.”
At the hearing, “person after person after person” from the Greenwich Tree Conservancy “talked about how more important trees are than the safety of people and how much more valuable trees are than the safety of people,” he said.
But on Friday, JoAnn Messina, executive director of the Greenwich Tree Conservancy, said that was a “strong mischaracterization” of the hearing. Two or three conservancy members were among the speakers, who were mostly from the neighborhood, she said.
“I don’t recall anyone saying trees are more important than safety,” Messina said. “I see a world with ADA compliance and all the health benefits of mature, healthy trees.”
Kramer said that he didn’t have any comment about Gunzburg’s claim.
Moving a parking space
The issue that sparked Gunzburg’s appeal began in February, when a plan to remove a tree at 235 Greenwich Ave. was appealed. As part of the intersection improvement project at Elm Street, the town planned to build an accessible parking space with a ramp in the curb that would provide easier access to the sidewalk.
The appeal led to a hearing, after which Kramer ruled that the tree could be removed but said the town must plant seven other trees nearby. But Kramer’s ruling was appealed to Stamford Superior Court by a group of residents and Greenwich Avenue business owners who were save the tree.
Ultimately, a resolution was reached to save the tree but move the parking space. But Gunzburg said that deal, which has still not been finalized because of his complaint, violated his civil rights and he appealed it to the town ADA coordinator, Demetria Nelson.
Nelson denied Gunzburg’s appeal, saying that the jurisdiction of the tree warden in matters related to the ADA’s Title II “will be assessed on a case-by-case basis.”
But Gunzburg had the right to take the issue to the Board of Selectmen, which he did last week, saying there should be a set town policy.
“Without a policy, government cannot run,” he said. “We can’t ad hoc every single moment and try to figure out who we’re going to involve in order to make things work to be in line with federal statutes.”