“Injury or possible death to pond visitors”

A Melrose attorney asks selectmen to order removal of a “dangerous” tree at the entrance to Prankers Pond

By Mark E. Vogler

Philip Gindi said he worries about the potential life-threatening hazards of a large, leaning tree that hangs across the road at the entrance to Prankers Pond. The old tree, should it fall, could come crashing down on the house across the street, currently occupied by “a very sick, elderly handicapped person to whom I am caretaker,” according to the Melrose attorney.

That personal concern, along with his fear of the tree posing a potential public safety threat to all who visit Prankers Pond, prompted Gindi to appear at Tuesday night’s (June 24) Board of Selectmen’s meeting to speak out during the citizens comment period. “I am here to formally request the immediate inspection and removal of a hazardous tree located at 30 Cliff Rd. at the entrance of Prankers Pond that poses a direct and substantial risk to public safety,” Gindi said at Tuesday night’s meeting, reading from a letter he addressed to the Board of Selectmen. “The tree is dangerously leaning at an unusual angle toward the entrance to the Pond.”

“My concern is should the tree fall, it will definitely cause property damage (cyclists and motorist), bodily injury or possible death to Pond visitors,” he said.

“Additionally, it will certainly damage the property across the street and possibly injure the occupants or visitors therein. The aforementioned property is occupied by a very sick, elderly handicapped person to whom I am a caretaker,” he said.

Gindi provided selectmen with a package of emails and other correspondence related to public concerns about the tree – including some concerns expressed by a former Cliff Road resident dating back more than five years ago. The attorney expressed concerns that the town has the power to address the matter and issue an order to have the tree removed but has yet to do so.

But during the meeting, Board of Selectmen Vice Chair Jeffrey Cicolini advised that there’s nothing the town can do about the situation because the tree is healthy and is also on private property. But Cicolini noted that the tree does hang over the road while leaning toward the property where Gindi acts as a caretaker. Cicolini suggested that Gingi consult with Town Counsel John Vasapolli “and get his take on the whole situation.”

Town Manager Scott C. Crabtree said Vasapolli has already made a determination that the tree sits on private property and therefore the town doesn’t have any involvement in the matter.

However, Crabtree said he agrees that Gingi having a conversation with Vasapolli about the situation “would be helpful.”