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Windham, Maine Homeowners Upset with CMP Tree Cutting Process

February 26, 2010 - WINDHAM - The thick row of pine trees that once shielded Shannon Shuman's home from Falmouth Road are gone. Not because she wanted them removed, but because Central Maine Power (CMP) had them all clear-cut last week.
''There's an easement (on the land). They can do whatever they want,'' said Shuman.

While the easement was never attached to her deed, Shuman said the previous owner did sign a utility easement to allow power line maintenance on the land. Even though she did not have a copy of that agreement, nor was she aware of it, CMP had the easement on file and, by state law, can cut back trees that encroach on the power lines.

''They have to be 15 feet from the primary wire. They just cut mine completely down,'' Shuman said.

''It's a safety issue and it's an enormous reliability issue,'' said John Carroll, Manager of Public Affairs for CMP. ''Pine trees can grown 60, 70, 80 feet tall under lines that are 30 feet off the ground.''

Shannon Shuman's mother, Jerri, remembers when the pine trees were planted.

''I remember watching (the developer) put the maple and pine trees in. They were to keep the snow from blowing across the road. What a difference they make when you have to plow your own road,'' she said.

Shannon Shuman's property is on Buckfield Drive, a small, private road off Falmouth Road. Her parents bought the property in the early 1980s and built a house there. The trees that were planted along the road provided protection from wind across the neighboring field and offered privacy, blocking the view of the house from the main road.

Carroll said the utility company has a duty to remove trees that present a hazard to customers' electricity service, as well as a safety hazard for children who might climb the trees or line workers who might have to repair damaged lines when branches or trees fall onto them.

''We do believe our clearance standards are appropriate,'' said Carroll. ''They're in line with the commitment we made to the (Utility) Commission. The cost of the (tree maintenance) program is rolled into our rates. We need to follow through on the quality of work that our customers are paying for.''

Mike Breton, who also lives in the house on Buckfield Drive, said he was home last week when Lucas Tree, the company that contracts with CMP to do the tree trimming, came to trim near the lines.

''I heard them out there. I thought they were just trimming. I never thought they were out there cutting them down,'' he said.

State law requires that the utility company post notice of upcoming trimming, cutting or removal of trees in two newspapers with circulation in the area at least 30 days before the trimming is to take place. Carroll said CMP places ads for the entire region in the Portland Press Herald. That notice must also state that landowners may request to be placed on a ''customer notice list.'' This requires the utility company to consult with the landowner before any tree work is done.
''We advertise the list in our customer guide every year. Our policy is that -- and usually we're cutting in the right of way -- if they're not on the list, we would cut (the trees),'' said Carroll.

The Shumans were not on CMP's customer notice list.

Windham Town Manager Tony Plante said that the town posted a notice at town hall about the work that would be done on town roads, but that private roads such as Buckfield Drive, were not included in that posting. Plante said the town was aware of the Shumans' case and had been in touch with CMP to discuss the situation.

''Our concern is making sure (CMP) is sensitive to landowners and that they're dealing with this in an appropriate way,'' said Plante.

The law states ''before removing a shade or ornamental tree, the utility consults with the owner of the land upon which the tree is located.''

Carroll admits that the law is vague in this area.

''It's sort of imprecise. We look at the surrounding neighborhood. If we're cutting along a country roadside, saplings would not be considered. But if we're in a more urban or cultivated area with planted trees and bushes, most of those areas would be considered.''

The Shuman's trees, planted more than 30 years ago by the developer as a privacy and snow shield, seem to fit neither description.

''I was home all day. Nobody came out to ask to cut,'' Breton said.

Shannon Shuman came home for lunch the day Lucas Tree was cutting and stopped them before they could continue to cut the trees.

''If anyone comes out and says stop, our crews are all directed to stop,'' said Carroll. ''Then an arborist meets with the person to see what we can do. There's a certain amount of flexibility, but we try not to rear from the trimming standards.''
However, for the Shumans, they were too late to save 12 of their trees.

''Lucas Tree just laughed at me, so I called the police, the non-emergency line,'' Shannon said. ''After I stopped them, they only partially cut the rest of the trees. They screwed up and they knew it.''

Shannon Shuman has contacted CMP to request the company return and clean up the pile of brush and cut trees that are littered over her property. She received a fax on Feb. 18 from David Whitworth, a utility arborist with CMP, that stated: ''Lucas will return in the near future to complete the tree trimming and/or removals that are necessary to provide proper clearance for the overhead 7,200 volt conductor. I will also arrange for Lucas to remove the pine wood resulting from the tree removals. We typically leave all hardwood logs when a tree such as maple is removed. All tree branches from pruning or removal will be chipped. We do not grind out the stumps resulting from tree removals. We also do not replant the site with trees or shrubs.''

Shuman said Lucas Tree has not yet returned to clean up the property.

''They told us they only clean up the brush,'' said Breton.

Shuman requested a quote from AJ Levesque Excavation for cleaning up the rest of the debris and stump removal. The total came to $1,900.

Upon CMP's suggestion, they had contacted an independent arborist to come out and evaluate the situation. However, they quickly discovered they would have to pay out of pocket for that service as well.

''It was $75 per hour plus travel for the arborist to come out an evaluate. And we don't get a written report. You've got to pay extra for that,'' Jerri Shuman said.

Shannon Shuman plans to replant the trees this spring. She said she is looking at blue spruce saplings between 8 and 12 feet tall to fill the space in front of her house. The trees will cost her between $500 and $1,300 each, depending on age and height.

''At this point we are guessing total cost for correction and replacement of what has happened to be at least $16,000,'' she said.

Jerri Shuman said she is frustrated with the way CMP and Lucas Tree have treated her and her family when all they are trying to do is protect their property.

''I've been out there for 35 years protecting my property from DOT and Public Works, and they've always appreciated that we spoke up. I was thrilled when I saw (CMP/Lucas Tree) was going to do the road. We had no idea they were going to cut all the trees down,'' she said.

Lucas Tree did not return requests for comment by deadline.

By Emily Parkhurst, The Independent, Gray, Raymond, Windham

Lakes: Sebago Lake
Regions: Sebago


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