Author Topic: Kevin Gallagher is an idiot!  (Read 245 times)

Doug K

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It's not a question of intelligence, it just that Kevin Gallagher and his social media group, simply believe that NY State Environmental laws should not apply to their misguided cause to "Save Erie Canal Trees".

The same  embankment trees that are causing structural safety issues along the Erie Canal waterway, are also placing anyone using the Erie Canal Trail system in danger. And they do NOT have to be on an embankment to have a limb fall on an unsuspecting bicyclist or jogger.

But this social media group doesn't seem to care. In fact Mr. Gallagher is "challenging" the authority of the Canal Corporation yet again, but doesn't realize that the Canal Corporation has the LAWS of NYS DEC backing them up. Once again it's just BLIND IGNORANCE leading this Facebook group and their refusal to admit that the Erie Canal has become a public safety issue.


But lets start with the WHOLE conversation on the Stop the Canal Clear-cut Facebook Page. because the person who prompted this whole discussion has now changed her tune as they say. It seems that Ms. Gaylord now understands that the tree trimming being done was HER RESPONSIBILITY in the first place.




And you only need to look at the NYS Environmental Laws to know that the Canal Corporation, as stewards of the Erie Canal, a National Heritage Corridor Site, have the right to trim "their neighbors trees back" if it interferes or endangers their own property or guests. As long as the tree being trimmed isn't trimmed to a point where it dies.

NYS DEC helps communities and the public understand Tree Ordinances on their website.



https://www.dec.ny.gov/lands/5276.html#Ordinance


And the NYS Canal Corporation will always hold to NYS Laws on Tree Trimming & Lot Lines, which is summed up in one statement:

New York Property Lines and Tree Trimming Laws

An area of concern among homeowners is tree trimming. While you can trim the branches of a tree that extend onto your property, you may not trespass on your neighbor's property or cause damage to or kill the tree. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree.

https://www.findlaw.com/state/new-york-law/property-line-and-fence-laws-in-new-york.html

It's quite common for neighbors to have "tree issues" that get resolved, here's a story from Brockport about a hazard tree and the trouble it caused.



https://www.democratandchronicle.com/story/watchdog/2015/02/26/tree-trimming-brockport-law-neighbors/24065617/

So the real issues is always centered on SAFETY and of the neighbor, or the public, that is at risk from the tree, or the conditions it is causing. And Ms. Gaylord has been apprised of the situation it appears. She has openly stated that she knew the bikers had to "dodge" her overgrown limbs when she made this statement:

Joan Gaylord June 8, 2022  Canal Corp is here this morning taking limbs off my trees that overhang the canal path. It appears there have been some bikers who don't like swiping branches away as they pass by.

She knew the problem existed, and did NOTHING!

So her neighbor, the NYS Canal Corporation did, they cleared the hazardous condition for the guests & patrons of their property. And they did it at NO CHARGE, when Ms. Gaylord could have been handed the bill. That truth is based on NYS Laws and NYS DEC guidelines for dealing with "hazardous trees".



https://www.dec.ny.gov/lands/5293.html

And if you read Ms. Gaylords very last words posted, she has some advice to a Facebook group that is dead set on "avoiding" public safety issues with trees along the Erie canal. And it seems she now knows the truth that Kevin Gallagher and a few others still refuse to believe or accept. Trees do not belong near a statewide recreational trail system, unless they are properly cared for. They need to be trimmed (or removed) if those trees become a danger to the public, or to any Erie Canal infrastructure.

Joan Gaylord Author June 9, 2022 to Karen Hyder - Some of this is on us because we allowed the trees to drape over the path. Won't happen again


The real question... will Kevin Gallagher be smart enough to accept the truth about canal trees this time?
« Last Edit: June 11, 2022, 08:10:12 am by Doug K »