NISKAYUNA Two town residents who police said wanted a better view of the river from their properties are facing criminal charges for allegedly taking down 300 trees on state land.
Brian R. Gain, 67, and Raymond A. Tannatta, 63, both with homes on Middle Avenue, face counts of third-degree criminal mischief and making false statements.
State police investigated after receiving a complaint about three weeks ago that there were trees in the river.
They soon realized the land behind the houses had been clear-cut, with about 300 trees taken down and left where they fell.
The property is located next to the Mohawk River in Niskayuna near the Rexford Bridge.
“Some were good size trees while others were saplings,” state police Zone Sgt. Mark Phillips said. “They went in and cut down anything in their way.”
The two allegedly hired people to come in and cut down the trees. At one point, Gain remained on his property, directing which trees to take down for the best view, Phillips said.
The people who allegedly did the actual cutting are expected to face environmental conservation law violations for leaving the trees in the river, Phillips said. They were brought in believing the land belonged to the nearby homeowners.
Phillips said Gain is believed to have contacted another tree service about a year ago, but that contractor declined the work, correctly believing the land to be the state’s.
Several of the trees fell into the water and had to be removed before they became an obstruction to navigation.
The two also face state environmental conservation violations for illegally cutting trees and causing damage to canal property and occupying canal property without a permit.
Tannatta declined to comment Thursday. Gain did not return a call for comment.
If they are found guilty, they could face fines of $250 per tree, Phillips said. That would be in addition to any penalty on a criminal mischief conviction.
A judge could also order them to restore the property to its prior state.
The men were issued appearance tickets and ordered to appear in Niskayuna court on May 28.
Police have seen a number of similar incidents, Phillips said. They are currently working on cases in Mechanicville and Fort Edward.
10:46 a.m. [ Suggest removal ]
Thank you for the most comprehensive report yet on this terrible crime. It has left me almost speechless, but I forced myself to write "two selfish old men vandalize my river" at
http://blogs.law.harvard.edu/ethicalesq/...