"But today is NOT too wet? So you sent an eleven-ton tracked unit not normally used for residential jobs, to use on saturated ground, on a residential property with an inexperienced, inadequately equipped, and ill-supported crew to finish the job?"
December 17, 2024
At approximately 0600, a white Dodge "super duty " 4x4 crew cab truck with modified lighting turned into Underhill's driveway (from the East on Rt 74) and sat stationary for a few minutes with the lights on and driver door open.
The vehicle lighting appeared to have been modified with LEDs, including "bar" reverse lights. The vehicle backed out onto Route 74 and then headed east. It briefly stopped in the center of the roadway before continuing, which I found very unusual as it was still dark and the vehicle was unfamiliar.
The "Tank"
At approximately 0800 a large, tracked utility vehicle with a bucket apparatus (Terex XT-60 or similar type) https://www.customtruck.com/bucket-trucks/terex-xt60-pro/ rapidly approached my property from the east on Route 74. The vehicle continued without hesitation onto my driveway and yard, stopping abruptly out of my view from the front door and only a few feet parallel to the east end of my house.
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| Terex XT-60 |
The tracked unit was followed closely by a white Dodge 4-door crew cab truck which parked in my driveway behind the tracked unit. After a few minutes, the Dodge "crew cab truck" backed up and parked at the edge of my property facing West on Route 74, and orange cones were placed by the driver. Neither vehicle displayed any identifying company logo.
It was apparent to me they were intending to trim limbs of a large, older Willow Tree. I was visited by a crew member/PR representative of "Cut Above" in late October, who informed me that they intended to occupy my property and trim the tree. I was provided with a bright green doorknob flyer to respond and or refuse. The contact provided on the flyer was: Ceylon Patton: 267-885-6652.
I did not refuse and did not also return the flyer as my written comments accused them of being "Tree Rapers" and of contributing to the inevitable death of the old Willow Tree.
During the first week of November, several crews with at least three bucket lift trucks with towed wood chippers operated on Route 74 trimming at least two trees next door to my property on the North side of Route 74 belonging to MaryAnne Underhill. But they did not trim the Willow on my property.
At approximately 0815 the tracked vehicle was repositioned in order to approach the tree. The vehicle backed up and turned to the left before coming forward and stopping. At that point, I went outside to assess the situation and confront the two-man crew as It was obvious the vehicle was damaging my property and there were no other supporting units or a wood chipper present.
I was calm and not aggressive but complained about the damage the tracked vehicle was doing to my lawn stating the ground was not yet frozen and was saturated after weeks of repeated melting snow and a steady rain during the previous night.
The tracked bucket vehicle has a track width of 24" and a weight of 22,900 lbs (11 tons). The damage is obvious.
During several following conversations with the crewman in charge, he revealed that he intended to operate the tracked vehicle to approach two other trees at the opposite end of my property with no other way than to damage my property further. I protested his intentions and explained that such an approach with the tracked unit was a mistake. It all seemed extremely unusual to me.
At some point, the crewman in charge stated he had been in a confusing, frustrating communication with his management and advised me to refuse the action. We agreed and I was eventually provided with an "expedient handwritten form" bearing no company letterhead, which I completed and signed.
The crew removed the tracked unit from my property and onto the driveway across Rt 74 to the north (Underhill Drive). The vehicle stopped and a crewman exited the tracked vehicle and approached the home of Mike Underhill.
After a brief contact with someone at the residence, the vehicle continued down the driveway and stopped. The two crewmembers then walked on Mike Underhill's property to the Northeast for some distance before returning to the tracked vehicle.
The crew then turned the tracked vehicle south, drove down the driveway, crossed Rt 74, and onto the dirt "farm road" adjacent to my property. They crossed the creek and into the large field beyond. They returned not long after and sat in the two vehicles on the farm road for some time. The white Dodge then left the dirt farm road heading west on Route 74 at about 1100, leaving the tracked vehicle at the entrance of the dirt farm road facing North next to Route 74 with two orange cones in front of it.
At about 1200 the White Dodge returned and the two crewmembers operated the tracked unit into the field next to me, headed west at the edge of the field. They stopped about 1/3 of the way on the opposite edge of the field (facing South) and began trimming near a power pole. One crewman was in the bucket and the other was on the ground. They appeared to drop a few large limbs and then cut them on the ground very near the creek just South of the bridge. (Some smaller limbs and debris are still visible to motorists passing the bridge).
At approximately 1330 two large white 4x4 crew-cab trucks marked clearly as belonging to "Cut Above" approached from the west, turned around in the Underhills' driveway, and faced west on Rt 74. They approached the working tracked vehicle crew on foot. Shortly after, the tracked unit ceased its trimming operation and was driven from the field and parked at the northern edge (corner) of the field, next to the farm road, facing east on 74.
The two "Cut Above" trucks along with the tracked vehicle left at about 1400 and headed east on Rt 74. The original white Dodge crew truck was left facing North on the farm road adjacent to my property with a single orange cone 20 feet in front of it. It remained there as of 1515.
A white Crew truck returned at 1545 to retrieve the previous truck. One of them was the same crewman I had dealt with earlier along with his "supervisor". I confronted them both with what had occurred and took them to see the damage they caused. They admitted all of it, but would not explain why they did it and suggested I was to blame.
The "supervisor" claimed that he had not trimmed the trees on my property in November because it had been "too wet." I remarked sarcastically: "But today is NOT too wet? So you sent an eleven-ton tracked unit not normally used for residential jobs, to use on a saturated, residential property with an inexperienced, inadequately equipped, or supported crew to finish the job?"
It seemed like it was a joke to them.
I could not help but sense that this had been done on purpose with the intent to harass or intimidate me. I asked for a contact to send a statement or complaint and was told that my "written refusal" had already been sent to NYSEG, and I would have to deal with them.
They also claimed they would return and repair the damage done themselves, to which I responded skeptically that they were lying to my face and were known to have only a "selective respect" for owners' property and "zero liability."
UPDATES:
December 20, 2024
I have had no subsequent contact from NYSEG or "Cut Above" regarding the incident. Recent snowfall prevents me from photographing the damage to my property. I have attempted to contact "Ceylon Patton" twice and left a brief message on voicemail with no response.
I believe this contact may be bogus and the "expedient form" I completed was never submitted to NYSEG.
December 24, 2024:
Two marked "Cut Above" crews with boom apparatus and towed chippers stalked my property at 1130 from the East (headed west on 74). They turned around and headed back East on Rt 74.
December 26, 2024:
"Cut Above" Crew at my door at about 1230 to inquire about the "refusal" and finish the job. This time, I conferred with multiple crew members who were unaware of the incident of December 17. Once this was cleared up, the crews and management worked with me to solve the issue.
The crew chose their vehicle placement using heavy mats to trim the old Willow. Other crew physically climbed the younger willow in the creek off my property to trim it.
Managers arrived and talked with me about the details concerning the incident on Dec 17. They inspected the damage and the consensus was established that an inexperienced, ill-equipped, and unsupported two-man crew had been sent without proper authorization to do a job on my property using a tracked vehicle that caused damage.
The crews completed the job except for the downed limbs and debris they intentionally (precisely) staged on the snow in preparation for removal. Management assured me that the damage would be repaired in the Spring.
I told them I did not believe them but would place marking flags anyway.
December 27, 2024:
1430: The "Cut Above" crew returned with a towed chipper this afternoon to remove the debris from the old Willow. They were done within 20 minutes. Temps are above normal and the snow is rapidly melting, with rain expected on Sunday.
March 18, 2025:
I have placed orange landscaping flags directly on the areas damaged by the tracked vehicle - as I said I would.
