A pair of Branford residents are suing the town over alleged failures to enforce an ordinance that governs the town’s tree warden. According to the lawsuit, the town has not enforced requirements in the ordinance requiring the tree warden to receive specific qualifications and the current tree warden has failed to document public communications.

In October 2019, the Board of Selectman (BOS) adopted a tree warden and public tree protection ordinance to “protect, preserve, and enhance the public trees that constitute the Town of Branford’s community forest and to provide for the safety of the public where such safety demands the removal or pruning of any tree or shrub under the Tree Warden’s control by establishing a framework for tree policies, regulations, and standards and by appointment of a Tree Warden with responsibility for care and control of public trees.”

The ordinance specified that the tree warden would be appointed by the BOS for a two-year term. The tree warden is also required to either meet coursework requirements for tree wardens outlined in state law, or to be a licensed arborist, or to appoint a deputy who is qualified under state law. According to the ordinance, the warden may not be reappointed unless they submit evidence they have complied with this requirement.

In addition, the ordinance stipulates that a licensed arborist must help make decisions for all trees under the warden’s jurisdiction. If the appointed tree warden is not a licensed arborist, the town is required to contract with one to “work in a consulting role.” The ordinance further specifies that Branford will maintain a “standing on-call contract” with a licensed arborist to make public safety decisions about trees.

Generally, the tree warden has the authority to make decisions about when trees or shrubs need to be pruned or removed for public safety, giving at least ten days notice except in emergency situations. Residents must also apply to the tree warden to receive a written permit for activities related to trees and shrubs on municipal property.

Currently, the town’s webpage for the tree warden provides only information about services related to tree trimmings and concerns about trees near power lines provided by Eversource. Contact information on the page directs residents to the town’s public works department and the website’s directory does not provide any results for the tree warden.

According to the complaint in the lawsuit, Jane Shaw was traveling on Leetes Island Road on September 6, 2022, when a tree fell on her car. While the car was totaled, Shaw managed to avoid serious injury. The lawsuit describes the tree that fell as “one of a group of trees rooted in downward sloping soil that, given heavy rains and winds common to the area, are in danger of becoming uprooted or losing limbs that threaten the safety of drivers and others” who travel on the road.

The complaint notes that since the date of Jane Shaw’s accident, Gary Zielinski has served as the town’s tree warden. It alleges that Zielinski is not a licensed arborist and had not completed the coursework required by state law. It further states that the BOS has not appointed a tree warden who meets the ordinance requirements or hired a licensed arborist as an assistant despite requests from the Shaws.

Further, the complaint states that Zielinski has “failed or refused to respond” to repeated requests since September 6, 2022, about tree safety concerns and has failed to keep records of the requests, in violation of a part of the ordinance that requires the tree warden to manage public communication.

The complaint claims that Zielinski is also the town’s director of public works.

“Neither the Town Tree Warden nor the Director of Public Works has maintained a record of any post-accident cleanup concerning the damage sustained by Mrs. Shaw’s vehicle on September 6, 2022.” the complaint states.

An initial complaint in the case was filed in New Haven Superior Court on September 23, 2024. Most recently, the Shaws filed an amended complaint at the end of October.

The complaint has four counts. The first seeks declaratory judgment about the Shaws’ rights under the tree ordinance, as well as for the obligations of the BOS and the tree warren. The second seeks a writ of mandamus, or a writ seeking to have the BOS fulfill their duties, to have the board of selectmen enforce the ordinance by removing Zielinski as tree warden and hiring a licensed arborist.

The third count seeks a writ of mandamus against Zielinski in his position as the tree warden to have him either complete the licensed coursework, hire a licensed arborist, or to resign.

The fourth count alleges the town has violated a state statute allowing legal action to be brought against political entities for failing to protect the state’s natural resources and seeks an injunction to require the town to “protect and repair said trees and shrubs from impairment or destruction, and to require the Defendants to inspect all such trees and shrubs within the Town of Branford and to take such steps as to ensure that the residents of Branford and all individuals traveling on Town roads are safe and protected.”

The Shaws have twice unsuccessfully tried to have the court enter a motion of default for failure to appear, once against the BOS and the town and once against Zielinski. The defendants entered their appearance on October 22.

The lawsuit is not the first step the Shaws have taken to address the BOS’ alleged failures to manage the tree warden. In March 2023, the town amended the tree warden ordinance in its entirety, adding a section that requires the tree warden to respond to respond to public requests for information, to keep records of those requests, and to publicize “a clear process for communication between the public and the Tree Warden.”

Also in March 2023, after the ordinance had been updated, Jerry Shaw wrote a letter to first selectman James Cosgrove as a form of direct repeal. In the letter, Shaw noted that there was no contact information for the tree warden on the town website. He also noted that a Freedom of Information Act (FOIA) request he submitted “revealed the outrageous fact that the town public works administration has no records of the post-accident cleanup.”

He also expressed concerned that the group of roadside trees, which contained the tree that fell on Jane Shaws’ car, continued to be a public threat.

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