Criminal Charges Filed Against Man Who Cut Down Neighbor's Trees To Create Ocean Views
David Creed •
The island resident who allegedly cut down 16 trees that were decades old in a neighbor’s yard to create an ocean view at his residence out in the Cisco area had probable cause found on three charges by Nantucket District Court clerk magistrate Brian Kearney and will now appear for an arraignment session on September 15th.
Jonathan Jacoby, 56, will be arraigned on charges of vandalizing property (felony), cutting/destroying trees (misdemeanor), and trespassing (misdemeanor). Nantucket District Court Judge James Sullivan waived Jacoby's appearance at the arraignment session.
Jacoby made national headlines after a lawsuit was filed by his neighbor, Patricia Belford, in June, accusing him of trespassing into their yard at 1 Tautemo Way earlier this year and cutting down a stand of 50-year-old trees in order to create an ocean view for himself from the abutting property at 3 Tautemo Way. Jacoby then subsequently listed his property for sale for nearly $10 million while touting its “sweeping ocean views” in the property description.
In the lawsuit, Belford is seeking over $1.4 million in damages.
According to the police report filed with the court, Nantucket police officers responded to the 1 Tautemo Way property on March 5th after receiving a report of unauthorized tree cutting. Upon his arrival, officer George Haddad observed trees and branches that had been freshly cut.
Haddad said that after conducting an investigation, it was determined that Jonathan Jacoby had knowingly and willfully entered the 1 Tautemo Way property between February 22nd and March 2nd without authorization from the Belfords.
“Though not posted, this property’s border is made up of specifically placed large trees and bushes in order to create an obvious natural border surrounding the property," Haddad said in his report. "The only portion of this property not closed off by tree line is the driveway.”
Officers said Jacoby knowingly and willfully destroyed/damaged the 1 Tautemo Way property by cutting and trimming numerous trees once he was on the property.
“This action was done with specific intent to completely deprive the property and its owners of these trees,” Haddad said.
Belford said in her lawsuit that the line of mature trees and vegetation had served for decades as a natural buffer and privacy screen between their home and neighboring parcels. The trees cut down included cedar, cherry, and leyland cypress, many of which were over 30 feet in height and decades old.
“The defendant's actions were calculated to enhance the ocean view from his own residence at 3 Tautemo Way and were carried out with full knowledge that he lacked any legal right to do so," the Belfords’ lawsuit says. "The trees at issue were planted by the Belford family in the 1970s and maintained for nearly five decades. Their removal was not only a violation of the Plaintiff's property rights, but also caused lasting damage to the character, value, and privacy of the property.”
In an email to the Boston Globe, Jacoby stated, “I wasn't trespassing, I was clearing out her crappy trees.”
Jacoby's former landscaper, Krasimir Kirilov, provided a voluntary statement to the police, in which he stated that Jacoby admitted to cutting down trees on the Belford property and that Jacoby had asked Kirilov to assist him with cleanup work. Kirilov said as he was about to finish the cleanup when Belford's property manager, Matt Erisman, arrived at the property and was unaware of the cleanup work being done. Kirilov said that when he explained to Erisman what was going on, Erisman told him he had no idea what was happening. It led to Kirilov calling Jacoby, putting him on the phone with Erisman, and Erisman telling Kirilov he could leave after concluding his phone call with Jacoby.
In a statement provided by Erisman to the Current, he said, “The way I feel is that I am confident once all of the facts and evidence have been presented, that justice will be served. However, much of what has been taken from the Belfords is irreplaceable, and it's sickening."
Jacoby has since listed his 3 Tautemo Way property on the market with J Pepper Frazier, and the property description describes the home as being “developed and situated to capture the sweeping views of the Atlantic Ocean, Hummock Pond, and the 780 acres of conservation land between Hummock Pond and Madaket.” Belford said the views of the ocean are a result of the tree cutting, and were not mentioned in the previous listing.
The lawsuit adds that Jacoby was unable to provide any “legitimate documentation of consent and determined that the cutting was done in a targeted fashion to expand views from the upper story of Jacoby's house.”
The Current has also learned that the Belfords are in an assisted living facility off-island.
“Based on the number of trees removed, the replacement cost alone exceeds $486,000,” the suit says. “This does not account for the historic value, loss of screening, increased noise, or reduction in overall property value. The complete removal of the trees destroyed the Belford Property's only natural buffer to Hummock Pond Road. As a result, the Belford Property is now exposed to full view from the street, and occupants are subject to significantly increased road noise, light, and privacy intrusion.
“The loss of the trees has significantly diminished the value and character of the Belford Property,” the suit continues. “The trees were a mature and integral part of the landscape, planted and cared for by the Belford family for nearly 50 years. (The tree cutter’s) actions were not only economically damaging but also emotionally devastating for Belford. The family viewed the trees as part of their home and history. Their removal was deeply distressing to Belford and the Belford family.”