HomeMy WebLinkAbout2022_07_20 Town Board MinutesJuly 20, 2022
MINUTES OF THE SPECIAL MEETING OF THE MAMARONECK TOWN BOARD HELD
JULY 20, 2022, BEGINNING AT 5:30 PM IN CONFERENCE ROOM C OF THE TOWN
CENTER, 740 W. BOSTON POST ROAD, MAMARONECK, NEW YORK
PRESENT:
ALSO PRESENT:
Supervisor Jaine Elkind Eney
Councilwoman Abby Katz
Councilwoman Sabrina Fiddelman
Councilman Jeffery L. King
Councilwoman Robin Nichinsky
Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker, Jr., Town Attorney
Lindsey Luft Assistant to the Town Administrator
CALL TO ORDER — WORK SESSION
The Work Session of the Town Board was called to order by Supervisor Elkind Eney, then on motion of
Councilwoman Katz, seconded by Councilman King, the Work Session was unanimously opened at 5:45
p.m.
AFFAIRS OF THE TOWN
1. Discussion of Tree Law --The Town Board began the process of developing a new Tree Law by reviewing
the old Tree Law line by line.
207-4 Criteria for Removal of Trees — The Board agreed in principal that the removal of all trees over a
predetermined size should require a permit. The current law only requires permits for lots over 20,000 square
feet. While the Board does not want clear cutting, they want to ensure that the rules and regulations for the
removal of trees are enforceable and easily understood. The Board agreed that any homeowner can cut down
a tree on their property, but every homeowner will need to get a permit and will be required to plant additional
trees for any removal. The Board agreed that the baseline at a minimum is a tree for a tree. The Town Board
agreed that the Town needs to keep an inventory and data on trees, including recording what trees come down
and what is planted, and that the permits will be the tracking mechanism.
A. Immediate Removal if Hazardous — The Board agreed the homeowner would still need to go to the
Environmental Planner to document the need for the removal of a hazardous tree via a permit. While
the Board agreed that any homeowner should be able to pay for a permit and the replanting of trees
with or without a 'hardship', they did not define or agree on what constitutes a 'hardship'.
B. Determination -- The Town Board agreed that the decisions made by the Environmental Planner
should not be final and without possible appeal, agreeing in principle that the Planning Board should
be the body to which a homeowner can apply for reconsideration. With regards to the phrase 'on
property 'occupied' or to be occupied, within a distance of 10 feet around the parameter of
property', the Board asked if this is needed only for new construction? The Town Supervisor will
consult with Environmental Planner Aitchison for clarification. Is this to prevent clearing for a lawn,
or is it to avoid cutting down specimen trees or old growth?
C. 'If the tree substantially interferes with the use of the property.' The Board agreed this one was clear.
D. 'If a property has an approved cut...' The Board also agreed this was okay unless site plan approval is
required by the Planning Board.
E. 'Where the trees to be removed are dead...' The Town Board agreed this section makes sense.
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July 20, 2022
207-5 Tree Removal Permit Procedure; Bond -- The Board discussed possibly requiring photos or a sketch of
the property be submitted with tree removal permit application. They also agreed to additional requirements
for larger lots. The Board discussed two possible paths, some of which would go to the Environmental Planner
and some to Planning Board. The Board agreed an inspection would only be required on removals involving
many trees. They agreed to require a performance bond and that replanting be done on the owner's property
wherever practical, with the determination of practicality falling to either the Environmental Planner or the
Planning Board.
207-6 Tree Removal; Restoration - The Board wondered if stump removal must be a requirement, or if under
certain circumstances it could be avoided. Supervisor Eney agreed to speak with the Environmental Planner to
learn more about this requirement, as well as to also discuss a planting calendar and suggested timing to review
the survival of plantings.
207-7 Penalties for Offenses -- The Town Board agreed fees for offenses should be escalating. The Town
Board also agreed each violation will be considered a new offense. The Board noted removing a mature or
specimen tree without a permit would be subject to a much greater fine. The Board intends to address recurring
permits, so that if a resident receives a permit to remove a number of trees in one year, that resident would
then be prevented from further removals for a predetermined period of time. The Board also mentioned the
need to try to prevent the disturbance of the critical root zone of Trees, perhaps through the Sediment and
Erosion Control Law. It was suggested that a concurrent review be completed of the Sediment and Erosion
Control Law, to align it with the revised Tree Law and avoid any potential conflicts.
2. The Town Board briefly discussed a meeting several Town Board members had with the Larchmont
Mamaroneck Joint Sanitation Commission.
3. Recommendation of Contract Authorization TA-22-07A — Resurfacing of Various Roads
The Town Board discussed a memorandum from Rob Wasp, Town Engineer, recommending the bid provided
by Laura Li Industries. The Town Board decided to review the bid documents further, prior to approving the
contract authorization.
ADJOURNMENT
On motion of Councilwoman Fiddelman, seconded by Councilman King the meeting was unanimously
adjourned.
Submitted by
Allison May, Town Clerk
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