HomeMy WebLinkAbout2023_11_01 Town Board Meeting Packet w
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Town of Mamaroneck
Town Board Agenda
Wednesday, November 1, 2023
All Work Sessions and Regular Meetings are open to the public.
Page
5:00 PM THE TOWN BOARD WORK SESSION
The Work Session will convene at the Town Center.
CALL TO ORDER
WORK SESSION ITEMS
1. Request for Executive Session
2. Discussion - LMC Media Agreement 3 - 11
LMC Media Agreement - Pdf
3. Discussion - Senior Services Food Service Provider 12 - 13
Senior Services Food Service Provider - Pdf
4. Discussion - 2023 Capital Budget Amendments 14 - 18
2023 Capital Budget Amendments - Pdf
5. Discussion - 2023 Operating Budget Amendments 19 - 21
Q3 2023 Operating Budget Amendments - Pdf
6. Discussion - Q3 Operating Budget Report 22 - 24
Q3 Operating Budget Report - Pdf
7. Discussion - Q3 2023 Capital Budget Report 25 - 34
Q3 2022 Capital Budget Report - Pdf
8. Discussion - Tree law 35 - 67
Tree Law - Pdf
9. Updates
10. Additions to Regular Meeting Agenda
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting will convene in the Courtroom Located on the second
floor at the Town Center. The Public is able to view the meeting on cable access
television (Optimum 76/ Fios 35) or on LMCMedia.org
CALL TO ORDER
SUPERVISOR'S REPORT
PUBLIC HEARING(S)
Page 1 of 124
1. Tree Law (Request for Adjournment) 68 - 82
2023-9-22-LL-for-public-hearing-tree-law-PDF
Notice of Public Hearing_Tree Law
2. Local Law Authorizing a Property Tax Levy in Excess of the Limit Established 83 - 84
in General Municipal Law §3-c
2023-11-01--Tax-Levy-PDF
NOTICE OF PUBLIC HEARING
RESIDENT COMMENTS
STAFF COMMENTS/ PRESENTATIONS
BOARD OF FIRE COMMISSIONERS
1. Call to Order
2. Fire Claims 85 - 87
Fire Claims - Pdf
3. Other Fire Department Business
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization - Senior Services Food Service Provider 88 - 89
Senior Services Food Service Provider - Pdf
2. Authorization - 2023 Capital Budget Amendments 90 - 94
2023 Capital Budget Amendments - Pdf
3. Authorization - 2023 Operating Budget Amendments 95 - 97
Q3 2023 Operating Budget Amendments - Pdf
4. Salary Authorization - Recreation Department 98 - 99
Salary Authorization - Recreation Department - Pdf
5. Salary Authorization - Highway Department 100 - 101
Salary Authorization - Highway Department - Pdf
6. Authorization - Designation of Town as Lead Agency 102 - 108
Designation of Town as Lead Agency - Pdf
REPORTS OF MINUTES
1. Report of Minutes of October 4, 2023 109 - 124
Report of Minutes of October 4, 2023 - Pdf
REPORTS OF THE COUNCIL
TOWN CLERK'S REPORT
TOWN ATTORNEY'S REPORT
ADJOURNMENT
REGULARLY SCHEDULED MEETING - November 15, 2023
Any physically handicapped person needing special assistance in order to
attend the meeting should contact the Town Administrator's office at 381-7810.
Page 2 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: LMC Media Agreement
Date: October 27, 2023
Attached is the Cable Franchise Agreement between LMC Media and the Village of Larchmont. This
agreement can be used as a framework for developing an agreement between LMC and the Town.
Attachment/s:
Agreement w LMC 2-2023
Page 3 of 124
CONSULTANT AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT,entered into this 6th day of February 2023,by and between Larchmont Mamaroneck
Community Television Inc., a New York corporation, located at 740 W. Boston Post Rd., 3'4 Floor,
Mamaroneck, New York 10543, hereinafter referred to as "LMC" and the Village of Larchmont, a New
York municipality located at 120 Larchmont Avenue, Larchmont, NY 10538 hereinafter referred to as the
"VILLAGE";
WHEREAS,the VILLAGE has the right, pursuant to federal law,the "Cable Franchise Agreement by and
Between the Villages of Larchmont and Mamaroneck and the Town of Mamaroneck, New York and
Cablevision of Southern Westchester, Inc." and the "Cable Franchise Agreement by and Between the
Villages of Larchmont and Mamaroneck and the Town of Mamaroneck, New York and Verizon New York,
Inc." to produce and broadcast public, educational and governmental programming over the cable
operators'cable systems;and
WHEREAS,the VILLAGE intends to enter into an agreement with LMC for the purpose of providing services
relating to the filming,editing and broadcast of certain VILLAGE meetings and events more fully described
on Attachment"A"hereto;and
WHEREAS,LMC has represented that they possess sufficient professional skills and experience to perform
said services in a complete,timely and professional manner;
NOW,THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto
agree as follows:
I. SCOPE OF WORK
LMC shall perform in a proper manner to the satisfaction of the VILLAGE, the scope of services
identified herein and further described in and incorporated herein as Attachment "A". If additional
work, over and above that specified in the Scope of Work as identified in Attachment "A", or that
agreed to under this Agreement, is requested by the VILLAGE,such work shall be performed by LMC
for at the billing rates specified in Attachment "A". No additional work shall be deemed authorized
except pursuant to a change order signed by both parties or some other method mutually agreed.
The programs and events for which the VILLAGE anticipates a need for LMC's services are enumerated
in Attachment"A"to this Agreement.
II. TIME OF PERFORMANCE
Unless otherwise adjusted by the VILLAGE, the services to be performed hereunder shall proceed
expeditiously upon execution of this agreement and consistent with professional skill and care.
III. COMPENSATION AND PAYMENT
(a) LMC shall perform all services described In the"Scope of Work"section of Attachment"A",
1
Page 4 of 124
for the amount allocated to LMC by the Board of Control,which was created pursuant to the
terms of the CATV Sharing Agreement, dated as of November 8, 1982 for the period from
November 9,2022 through December 31,2022.
(b) For the period from January 1,2023 through termination of this Agreement,LMCs minimum
compensation as provided on Attachment "A" shall be a flat fee of$ 83,405. Such flat fee
shall be payable by the VILLAGE in four installments. The first installment shall be due on
January 1,2023. The second installment shall be due on April 1,2023;the third installment
on July 1,2023;and,the fourth installment on October 1,2023.
(c) In the event that LMC requires PEG capital expenditures to support its operations,LMC shall
present such requests to the VILLAGE for review by the Village Board in the event the Village
Board approves such a request, unless such capital expenditure exclusively benefits the
Village, the amount of such funding shall be equal to 17.35% of the total PEG capital
expenditure request.
(d) Should this Agreement be terminated at any time prior to the expiration date, any
compensation due to LMC by the VILLAGE shall be prorated on a daily basis, based on the
period from the Commencement Date until the date of termination, unless such
compensation is the subject of a dispute between the parties.
IV. COMPLIANCE WITH LAWS
LMC shall observe and abide by all applicable laws, ordinances and regulations of federal, state and
local governments in connection with the work performed hereunder.
V. SUBCONTRACT,DELEGATION AND ASSIGNMENT
This Agreement shall not be assigned,delegated or subcontracted,in whole or part,without the prior
written consent of the VILLAGE which may be denied in the VILLAGE's sole discretion. Approval by
the VILLAGE of any subcontractor shall not relieve LMC of any liability or responsibility for the proper
performance of the work under this Agreement.
VI. TERM
This Agreement shall be in effect for a period beginning on November 9, 2022 ("Commencement
Date") and ending December 31, 2023 ("Expiration Date"), unless terminated prior to such date in
accordance with the requirements of this Agreement.
VII. CONTROL OF CONTENT;OWNERSHIP AND REUSE OF MATERIALS
(a) The VILLAGE shall have complete control over scheduling, administration and all other
programming aspects of all content created under this Agreement, and may delegate such
functions, or a portion of such functions,to an appropriate designee. LMC shall not prevent or
delay the timely broadcast of any content produced under this Agreement except as expressly
directed by the VILLAGE. In the event there is a conflict between the Village and LMC with respect
to the airing of any content the parties will work together in good faith to reach an agreement
with respect to airing such content.
2
Page 5 of 124
(b) LMC agrees all materials created for the VILLAGE pursuant to the terms of this Agreement shall
be the VILLAGE'S sole and exclusive property, and I.MC hereby assigns all right,title and interest
in same to VILLAGE. LMC further acknowledges that any original works of authorship LMC creates,
whether alone or jointly with others, within the scope and during the Term of this Agreement,
shall be deemed a "work made for hire" as defined by the United States Copyright Act and are
protected in accordance therewith. To the extent that such work is not, by operation of taw, a
work made for hire, LMC herby transfers and assigns to the VILLAGE all right,title and interest
therein, up to and including copyright. The VILLAGE agrees that it shall grant LMC a non-
transferrable,worldwide, royalty free right to use the materials in perpetuity, provided that any
use of such materials by LMC is consistent with its mission and purpose as a 501(c)(3)charitable
organization that provides access to local news.
VIII. BREACH;TERMINATION
(a) The VILLAGE may terminate this Agreement in the event of a material breach of the terms of
this Agreement by LMC upon sixty (60) days' written notice to LMC. LMC shall be given this
sixty (60) day period to cure such breach at which time the termination notice must be
rescinded if such breach is cured. Such right to termination shall be in addition to all other
remedies in law or equity available to the VILLAGE.
IX. INDEMNIFICATION
(a) LMC shall be responsible for all damage to life and property due to activities caused by it, its
subcontractors, agents or employees in connection with its services under this Agreement.
LMC specifically agrees that its subcontractors, agents, or employees shall possess the
experience,knowledge and character necessary to qualify them individually for the particular
duties they perform. Further, it is expressly understood that LMC shall indemnify and save
harmless the VILLAGE from claims, suits, actions, damages and costs of every name and
description resulting from the performance of the services performed under the scope of this
Agreement, and such indemnity shall not be limited by reason of enumeration of any
insurance coverage herein provided.
(b) Nothing in this Article or in this Agreement shall create or give to third parties any claim or
right of action against LMC, or the VILLAGE beyond such as may legally exist irrespective of
this Article or this Agreement.
X. INSURANCE REQUIREMENTS
(a) LMC shall,during the performance of the Work,maintain the following insurance in the types
and amounts and with insurers satisfactory to the VILLAGE:
1)General Liability. $1,000,000;
2)Automobile Bodily Injury: $1,000,000 per injury and
$1,000,000 each occurrence;
3)Automobile Property Damage: $1,000,000 each occurrence;
3
Page 6 of 124
4)Workers' Compensation Insurance in an amount sufficient to satisfy all statutory
requirements of the State of New York.
(b) No later than November 9,2022,LMC shall furnish the VILLAGE with a Certificate of Insurance
as evidence of the required insurance and such Certificate shall name the Village of Larchmont
as an additional insured. The certificate of insurance naming the VILLAGE as additional
insured must extend coverage to all salaried and non-salaried employees, elected or
appointed officials,volunteer organizations or persons, but only while performing duties on
behalf of the Named Insured.
(c) LMC shall provide for thirty (30) days written notice to the VILLAGE prior to cancellation of
any insurance policy required under this Section X.
(d) New and current certificates shall be provided within thirty(30)days of each policy renewal
or change in coverage.
(e) The VILLAGE shall be named as an additional insured on coverages under General Liability as
specified above.
XI. INDEPENDENT CONTRACTOR
The status of LMC under this Agreement shall be that of an independent contractor and not that of
an employee or agent of the Village, and in accordance with such status, LMC, and their respective
officers, agents, employees, representatives and servants, shall at all times during the term of this
Agreement conduct themselves in a manner consistent with such status and by reason of this
Agreement shall neither hold themselves out as, nor claim to be acting in the capacity of, officers,
employees, agents, representatives or servants of the VILLAGE nor make any claim, demand or
application for any right or privilege inconsistent with such status including, without limitation,
vicarious liability, professional liability coverage or indemnification, rights or privileges derived from
workers' compensation coverage, unemployment insurance benefits, social security coverage and
retirement member-ship or credit.
XII. SEVERABIUTY
if any term, covenant, condition or provision of this Agreement is found by a court of competent
jurisdiction to be invalid,void,or unenforceable the remainder of the provisions,hereof,shall remain
in full force and effect and shall in no way be affected,impaired or invalidated thereby.
XIII. TRANSFERABILITY OF INTEREST
LMC shall not assign, sublet,or otherwise transfer its interest in this Agreement without the written
consent of the VILLAGE which may be denied in the VILLAGE'S sole discretion.
XIV.GOVERNING LAWS
The validity or construction of this Agreement, as well as the rights and duties of the parties
hereunder,shall be governed by the laws of the State of New York.
4
Page 7 of 124
XV.SUPPLEMENTS TO AGREEMENTS
The following attachments,supplements or addendums form an integral part of this Agreement.
Attachment"A"-"SCOPE OF WORK";
XVI.SURVIVABILITY
Ar#icles Vll(b), IX,XI and IV shall survive termination of this Agreement.
XVII. ENTIRE AGREEMENT
This Agreement constitutes the whole agreement between the parties with respect to the subject
matter contained herein and there are no terms other than those contained herein. No modification
or amendment of this Agreement shall be valid unless in writing and signed by the parties hereto.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly
authorized representatives on the day and year first above written.
Village of Larchmont Larchmont Mamaroneck Community
Television, Inc.
N me Mta. 1(A.1 t►vAr\
Name
Signature
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Page 8 of 124
ATTACHMENT A
TO THE
CONSULTANT AGREEMENT FOR
PROFESSIONAL SERVICES
BETWEEN VILLAGE OF LARCHMONT AND
LARCHMONT MAMARONECK COMMUNITY TELEVISION INC.
The parties agree that the scope of work to be provided to the VILLAGE by LMC is as follows exclusively
for the term of this agreement:
1. WIC will record all of the events provided below.
2. LMC will provide all necessary staff and equipment to facilitate such recording to the extent that
such equipment is not provided by the VILLAGE. LMC shall provide CAN technical support and
assistance,including equipment trouble shooting and problem resolution,procedure review and
documentation,and production assistant responsibilities,such as camera set up and operation,
as well as other roles and duties associated with the planning,production,and broadcast of
cablecast programs and will be responsible for timely production and broadcast of all content
aired on the government access channels assigned to the Village by its cable franchises. LMC will
also make all Village content available for on-demand web access at LMCMedia.org.
3. LMC will facilitate the transmission of all content recorded on behalf of the VILLAGE to the
headends of Altice and Verizon in order to allow for the broadcast of such content on the
respective cable operators' cable systems. Such transmission will be made via the existing
infrastructure constructed under the VILLAGE's cable franchise agreements with Verizon New
York,Inc. and Cablevision of Southern Westchester, Inc.
4. LMC will not downgrade in quality or otherwise limit or delay the transmission of such content to
the respective cable operators' headends except as expressly directed by the VILLAGE. LMC will
not be penalized for any system failure beyond their control.
5. The VILLAGE shall have the right,exercisable in its sole discretion to request that LMC record and
broadcast events or content not expressly contemplated by this Agreement ("Additional
Programs"). The VILLAGE shall provide LMC with a minimum of ten (10) days' notice of such
Additional Programs, including the date and anticipated timeframe for which representatives of
LMC will need to be present to record the Additional Programs. LMC shall make commercially
reasonable efforts to facilitate such recording and broadcast and, should LMC be unable to
perform the requested services,LMC shall provide to the VILLAGE a written denial of the request
and an explanation as to why LMC is unable to perform the requested services. LMCs services
to record and broadcast such Additional Programs shall be limited to the scope of services
requested by the VILLAGE. Such Additional Programs shall be billed at the rates provided below.
6. LMC agrees that it will continue its community partnership, marketing and promotion of
Larchmont businesses,nonprofits,and municipal activities on social media.
7. LMC agrees that will continue to provide subsidized rates to the citizens, businesses and non-
profits for their use of LMC staff and services.
6
Page 9 of 124
Anticipated Programming:
1. Recording,broadcasting and archiving approximately 11 monthly Village Board meetings per year.
Village Board Meetings typically take place on the third Monday of each month, but such dates may be
subject to change.
Cost:$650 per meeting.
Total Cost:$7,150
2. Recording,editing,broadcasting and archiving 15 Village Events per year. Such anticipated events
may include the Spring Egg Hunt,Memorial Day Parade,4th of July Races(if any),Summer Concert Series,
Larchmont Day, Ragamuffin Parade, Light Up Larchmont, Sprint to Flint,Arts Festival, Earth Day, Village
Board Ribbon Cuttings,Village-wide Chamber of Commerce events,such as Arts On the Avenue.
Cost:$1300 per event.
Total Cost:$19,500
3. Recording, editing, broadcast and archiving of approximately 190 Tri-Municipal events and
programs.These programs included programs such as Mamaroneck School Board Meetings,Mamaroneck
School sports events,September 11th Ceremony,etc.(The fee charged for these events is pro-rated based
on the Village's 17.35%share of the total cost of Tri-Municipal events).
Total Cost:$42,855
4. in addition to the costs for programming,the Village agrees to pay to LMC an additional
US$13,900 for overhead costs.
Total Programming Costs:$83,405
Additional Programming
Additional Programming shall be provided at the rate of$650 per Village Board meeting and for other
events,no more than the Member rates listed on the LMC website:httos://Imcmedia.org/production
services/#Ratecard
7
Page 10 of 124
Page 11 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Jill Fisher, Superintendant of Recreation
Re: Senior Services Food Service Provider
Date: October 23, 2023
Attached is a memo from the Superintendent of Recreation, Jill Fisher, regarding the proposed change
to a new caterer/food service provider for congregate meals at the Senior Center and home delivered
meals. The current vendor, Horizon Food Service Corporation, has decided to end their contract with
the Mamaroneck Nutrition Program, effective October 1st. Hubbard's Cupboard, a previous vendor,
has offered to provide these services at a rate of$9.00 per meal, effective October 16th.
Action Requested:
Resolved that the Town Board hereby approves Hubbard's Cupboard as the new vendor
for providing food services for congregate meals at the Senior Center and home delivered
meals for one year, with the option to renew a second year, at the contracted rate of
$9.00/meal and hereby authorizes the Town Administrator to execute the agreement and
any related documents necessary to carry out its implementation.
Page 12 of 124
v
u_r "v t; rn Town of Mamaroneck
Recreation Department, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
Jfisher@townofmamaroneckNY.org
Date: October 12, 2023
To: Meredith Robson, Town Administrator
From: Jill Fisher, Superintendant of Recreation
Subject: Senior Services Food Service Provider
General:
The Contractual Agreement TA-18-05 with Horizon Food Service Corporation for providing food
services for congregate meals at the Senior Center and home delivered meals expired on December
31, 2021. An extension to this contract was granted for an additional three years until December 31,
2024, with a current meal rate of$8.85.
We were advised on September 5, 2023, by Horizon Foods and Westchester County that Horizon
Food Service Corporation has decided to end their contract with the Mamaroneck Nutrition Program,
effective October 1st. Therefore, we must immediately change to a new approved caterer/food service
provider for these services under our Westchester County Contract for funding. Food Horizons has
agreed to continue their services through October 13th.
We contacted Hubbard's Cupboard who we have used in prior years and is an approved Caterer
through Westchester County Department of Senior Programs and Services. They have offered to
provide these services effective October 16th. There would be no lapse in service or meal deliveries
during this transition. We previously contracted with them from 2016- 2018.
Accompanied with their proposal is a copy of the Westchester County Caterer's Agreement that is a
requirement for using his services. Hubbard's Cupboard would provide meals for the Senior Center
congregate meals, senior special events and the meals for home delivery for the fee of$9.00/meal for
the period of two years.
It is my recommendation that we enter into a one-year agreement with Hubbard's Cupboard with the
option to renew it for a second year at the contracted rate of$9.00/meal.
Page 13 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: 2023 Capital Budget Amendments
Date: October 24, 2023
Attached please fund a memo from Tracy Yogman, Town Comptroller regarding 2023 Capital
Budget Amendments needed.
Action Requested:
Resolved that the Town Board hereby authorizes the Comptroller to make the necessary
budget amendments, as presented.
Page 14 of 124
u_r "v t; rn Town of Mamaroneck
rl
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: October 24, 2023
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2023 Capital Budget Amendments
General:
General:
In compliance with the Budget Policy, the following 2023 budget amendments are recommended for
approval:
1.Town Center Improvements- LMC Space (H1690)
The capital plan includes $225k contribution for the renovation of the space that had been leased by
LMC media before they relocated earlier this year. This budget amendment is recommended to
eliminate the Town's share of the renovation costs. If and when a renovation is done, a new budget
amendment will be submitted to reflect the Town's share if any. A budget amendment is
recommended below.
2. Gardens Lake (H8592)
A budget amendment is recommended below to correct a transfer between funds based on the final
reimbursements from FEMA.
3. Brine (H5142)
Additional funding is required to complete the brine system installation. A budget amendment is
recommended below to complete the funding.
4. Drainage Study(H5135)
A budget amendment is needed to increase the County funding received for the drainage study and
decrease the funding provided by the Highway Fund.
5. WJWW Garage (H1393)
Westchester Joint Water Works (WJWW) has indicated that that the Town is due a refund for this
project as our portion was incorrectly calculated. As a result, a budget amendment is recommended
below to reduce the capital budget and return funds to the Water District.
Page 15 of 124
6. Purchase Booster Pump Station (H1387)
Westchester Joint Water Works (WJWW) has indicated that that the Town is due a refund for this
project as our portion was incorrectly calculated. As a result, a budget amendment is recommended
below to reduce the capital budget and return funds to the Water District.
7. Munis Software Implementation (H1689)
Additional time is needed to assist the Highway employees for the implementation of the enterprise
management system for work orders. a budget recommendation is recommended below to complete
the project. The new work order system is scheduled to go live in April 2024.
8. Waverly Ave Water Main (H1400)
The new bridge replacement necessitates the replacement of the existing WJWW water main across
the Sheldrake River bridge span. This is a joint project as it is a transmission main replacement. The
Town's18.3% share of the project is $64k. A budget amendment is recommended below to fund the
project from the contingency budget in the Water District.
Attachment/s:
2023 CAPITAL BUDGET AMENDMENTS -Nov 1, 2023
Page 16 of 124
2023 CAPITAL BUDGET AMENDMENTS-NOVEMBER 1,2023
CAPITAL FUND (FUND H): Amount
1 Revenue H1690-5090 Transfers from BOC Decrease (225,175.00)
Expense H1690-0400 LMC Renovations- Town Center Decrease (225,175.00)
2 Revenue H8592-9940 Gardens Lake- Tx to DB Decrease (3,610.00)
Revenue H8592-9901 Gardens Lake- Tx to A Increase 3,610.00
3 Revenue H5142-5033 Transfer from DB Increase 573.62
Expense H5142-0400 Brine System Increase 573.62
4 Revenue H5135-2706 County funding Increase 116,500.00
Expense H5135-0400 Drainage Study Increase 300.00
Revenue H5135-5033 Transfer from DB Decrease (116,200.00)
5 Revenue H1393-5038 Transfer from SW Decrease (24,258.12)
Expense H1393-0400 WJWW Garage repairs Decrease (24,259.00)
Revenue H1393-5995 Appropriated Fund Bal Decrease (0.88)
Revenue H1392-5038 Transfer from SW Decrease (0.44)
Expense H1392-0400 Lakeside Decrease (0.44)
Expense H1393-9904 Transfer to SW Increase 10,215.39
Expense H1393-0400 WJWW Garage Project Decrease (10,215.39)
6 Expense H1387-0400 Purchase Booster Decrease (30,999.90)
Revenue H1387-5038 Transfer from SW Decrease (30,999.90)
Expense H1387-9904 Transfer to SW Increase 21,313.84
Expense H1387-0400 Purchase Booster Decrease (21,313.84)
7 Revenue H1689-5032 Transfer from Part Town Increase 11,736.00
Expense H1689-0400 Munis Software Increase 11,736.00
8 Expense H1400-400 Waverly Ave Water Main Increase 64,050.00
Revenue H1400-5038 Transfer from Water Increase 64,050.00
Page 17 of 124
PART TOWN FUND (FUND B)
7 Expense B9900-9950 Transfer to Capital Increase 11,736.00
Revenue B9999-5995 Appropriated Fund Balance Increase 11,736.00
HIGHWAY FUND (FUND DB)
2 Revenue DB9900-5040 Transfer from Capital Decrease (3,610.00)
Revenue DB9999-5995 Appropriated Fund Balance Increase 3,610.00
3 Expense DB9900-9950 Transfer to Capital Increase 573.62
Revenue DB9999-5995 Appropriated Fund Balance Increase 573.62
4 Revenue DB9999-5995 Appropriated Fund Balance Increase 116,200.00
Expense DB9900-9950 Transfer to Capital Decrease (116,200.00)
WATER FUND (FUND SW)
5 Expense SW9900-9950 Transfer to Capital-H1393 Decrease (24,258.12)
Expense SW9900-9950 Transfer to Capital-H1392 Decrease (0.44)
Revenue SW9900-5040 Transfer from H-H1393 Increase 10,215.39
Revenue SW9999-5995 Appropriated Fund Balance Decrease (34,473.95)
6 Expense SW9900-9950 Transfer to Capital-H1387 Decrease (30,999.90)
Revenue SW9900-9950 Transfer from H-H1387 Increase 21,313.84
Revenue SW9999-5995 Appropriated Fund Balance Decrease (52,313.74)
8 Expense SW9900-9950 Transfer to Capital-H1400 Increase 64,050.00
Expense SW8340-4050 Contingency Decrease (64,050.00)
Page 18 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: 2023 Operating Budget Amendments
Date: November 1, 2023
Attached please find a memo from Tracy Yogman, Town Comptroller regarding 2023 Operating
Budget Amendments needed.
Action Requested:
Resolved that the Town Board hereby authorizes the Comptroller to make the necessary
budget amendments, as presented.
Page 19 of 124
u_rt1;' 'rn Town of Mamaroneck
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: November 1, 2023
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2023 Operating Budget Amendments
General:
In compliance with the Budget Policy the following 2023 budget amendments are recommended for
approval as they increase appropriations to close the year end.
1. Fire District
Various budget lines in the Fire District require adjustment to reflect projected expenses through
year end. Salaries require funding as the 023 budget anticipated retirements that were delayed,
overtime continues and healthcare workers bonuses funded by the State. A budget amendment to fund
from savings and revenue is recommended below.
2. Police
Funding for regular overtime and special duty is needed through year end. Special Duty is
funded through reimbursement typically from utility companies. A budget amendment is
recommended below for the overtime through year end.
3. Legal Expenses
Funding is needed for legal expenses for expenses through October. A budget amendment is
recommended below.
Attachment/s:
2023 OPERATING BUDGET AMENDMENTS -Nov 1, 2023
Page 20 of 124
2023 OPERATING BUDGET AMENDMENTS-NOVEMBER 1,2023
General Fund Amount
1 Expense SF3410-1010 Salaries-Fire Increase $ 112,885
Expense SF3410-4059 Liability Insurance Increase 21,173
Expense SF3410-1015 Overtime Increase 88,000
Expense SF3410-4050 Contingency Decrease (50,000)
Expense SF3410-4052 Tax Certioraris Decrease (20,000)
Expense SF9000-9087 207A Retiree Reimb Decrease (72,700)
Revenue SF3410-3089 State Aid- Healthcare workers Increase 45,213
Revenue SF9999-5995 Appropriated fund balance Increase 34,145
2 Expense B3120-1010 Salaries-Police Decrease $ (99,000)
Expense B3120-1015 Overtime Increase 99,000
Expense B3120-1029 Overtime-Special Duty Increase 125,000
Revenue B3120-1529 Special Duty Reimb Increase 125,000
3 Expense A1420-4114 Legal expenses Increase 45,000
Expense A1900-1950 Taxes on Town Property Decrease (18,000)
Expense A1900-1930 Tax Certioraris Decrease (27,000)
Page 21 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Q3 Operating Budget Report
Date: October 26, 2023
Attached please find a memo from Tracy Yogman, Town Comptroller, regarding the Q3 2023
Operating Budget Report. Tracy will be present at the meeting to go over the report with you.
Action Requested:
There is no further action needed at this time.
Page 22 of 124
u_r "v t; n Town of Mamaroneck
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: October 26, 2023
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Q3 Operating Budget Report
General:
Attached is a brief Q3 2023 Operating Budget Report
Attachment/s:
Q3 2023 Operating Budget Report
Page 23 of 124
TOWN OF MAMARONECK
Q3 2023 OPERATING BUDGET REPORT
The Town's financial performance for nine months of the year is provided in the
Tentative Budget by fund with updated budget projections. The 2023 projections will be
updated in the Preliminary Budget but are not expected to vary much. Below are a few
updates and an updated fund balance projection through year end.
Updates
1. Ambulance District- A new patient records system was implemented a few months
ago. Whenever there is a migration to a new billing system, there tends to be a lag
in revenue. For the last few months, ambulance fees have been approximately
50% of what they have historically been. We are working with the new company
to get a forecast of revenues through year end and an update on what can be
expected going forward.
2. Investment Earnings — A conservative estimate was provided in the 2023
Tentative Budget and as interest rates continue to inch up, updated projections will
be made.
3. Fund Balances- The following is the updated estimate. Fund balances in the Fire
district and possibly the ambulance district will be less than the minimum required
and will be addressed in the 2024 Preliminary Budget. We anticipate that the
ambulance revenue will return to its historical levels in the coming months.
Projected Fund Balances
Unrestricted Projected Fund
Fund Balance Projected Projected Projected Net Balance @ % of FB Policy
FUND @ 1/1/2023 Revenue Expenses Results 12/31/23 Appr Compliant
General Fund 9,391,171 $ 13,883,950 $ 16,406,116 $ (2,522,166) $ 6,869,005 43% Yes
Part Town 6,134,717 16,192,983 17,374,580 (1,181,597) 4,953,120 28% Yes
Highway 1,845,085 6,697,420 6,237,590 459,830 2,304,915 34% Yes
Fire 543,965 4,880,163 4,893,852 (13,689) 530,276 11% No
Streetlighting 141,189 307,043 286,812 20,231 161,420 54% Yes
Ambulance 530,962 1,435,927, 1,793,480 (357,553) 173,409 9% No
Garbage 502,639 2,606,855 2,529,039 77,816 580,455 22% Yes
Sewer 192,004 654,000 647,139 6,861 198,865 26% Yes
Water 609,033 2,116,756 1,604,614 512,142 1,121,175 80% Yes
Total Revenue $ 19,890,765 $ 48,775,097 $ 51,773,222 $ (2,998,125) $ 16,892,640 30%
1
Page 24 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: Q3 2023 Capital Budget Report
Date: November 1, 2023
Attached please find a memo from Tracy Yogman regarding the Q3 2023 Capital Budget Report.
Tracy will be present at the meeting to go over the report with you.
Action Requested:
There is no further action needed at this time.
Page 25 of 124
IN 73
n Town of Mamaroneck
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
Tyogman@townofmamaroneckNY.org
Date: November 1, 2023
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Q3 2023 Capital Budget Report
General:
A review of the status of capital projects is completed quarterly and reviewed with the Town Board.
The attached report is a complete listing of all open capital projects. The listing has been divided by
category of capital projects. Below are the project budget totals for each category and the percentage
of the total for each. The budget reflects the capital budget amendments for approval on the agenda.
In total there is $70.5 million of open projects of which the Town has expended or committed $33.3
or 47% of the total value of the open projects. For each project we have listed the original project
budget, expenditures and encumbrances to date and the unexpended balance. There is also a brief
status provided for each project.
Attachment/s:
Q3 2023 CAPITAL PROJECT STATUS REPORT
Page 26 of 124
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Page 34 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board Members
From: Meredith S. Robson, Town Administrator
Re: Tree Law(Request for Adjournment)
Date: October 27, 2023
Attached is a memo from Town Attorney, Bill Maker, regarding the revised Tree Law for the Board's
review.
Page 35 of 124
u_r "v t; n Town of Mamaroneck
Town Attorney, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerjr@townofmamaroneckNY.org
Date: October 27, 2023
To: Meredith Robson, Town Administrator
From: William Maker Jr., Town Attorney
Subject: Tree Law(Request for Adjournment)
General:
I attach both a redlined version and a clean copy of a revised local law for the Board to discuss in
work session on November 1, 2023.
Attachment/s:
2023-10-26-LL-revision of 9-22 REDLINED
2023-10-26-LL-revision of 9-22 CLEAN
Page 36 of 124
Local Law No. —2023
This local law shall be known as the"Town of Mamaroneck Tree Law".
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1—Purpose:
The Town Board finds and declares that the preservation of trees,as defined herein,within the
Town is necessary to protect the health, safety and general welfare of the Town because trees
provide shade,impede soil erosion,aid water absorption and retention,inhibit excess runoff and
flooding,enhance air quality,offer a natural barrier to noise,provide a natural habitat for wildlife,
provide screening,enhance property values and add to the aesthetic quality of the community.
However,the Town Board also recognizes that property owners have the right to develop,use
and enjoy their properties and that sometimes trees must be removed in order property owners
to be able to achieve full enjoyment of their property.This law strikes a balance between the rights
of property owners and the maintenance of trees within the Town.
Section 2—Amendment of a current section of the Mamaroneck Code:
Chapter 207 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Chapter 207
Trees
§207-1 Legislative Intent
§207-2 Definitions.
§207-3.Regulated activities;permit required.
§207-4 Activities permitted by right
§207-5 Activities absolutely prohibited
§207-6 Permit application process;approving authority
§207-7 Tree replacement
§207-8 Period that must elapse before an additional permit can be issued
§207-9 Tree Planting Fund
§207-10 Issuance of permit with conditions
§207-11 Issuance of permit
§207-12 Suspension or revocation of permit
§207-13 Term
§207-14 Compliance with applicable provisions required
§207-15 Appeals
§207-16 Action upon completion of work
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Page 37 of 124
§207-17 Penalties for offenses
§207-18 Phase-in of this chapter
§207-1 Legislative Intent.
The Town Board finds and declares that the preservation of trees,as defined herein,within the
Town is necessary to protect the health, safety and general welfare of the Town because trees
provide shade,impede soil erosion,aid water absorption and retention,inhibit excess runoff and
flooding,enhance air quality,offer a natural barrier to noise,provide a natural habitat for wildlife,
provide screening,enhance property values and add to the aesthetic quality of the community.
However,the Town Board also recognizes that property owners have the right to develop,use
and enjoy their properties and that sometimes trees must be removed in order property owners
to be able to achieve full enjoyment of their property.This law strikes a balance between the rights
of property owners and the maintenance of trees within the Town.
§207-2 Definitions.
As used in this chapter,the following terms shall have the meanings indicated:
APPLICANT
A person requesting a tree removal permit.
APPLICATION
A request to remove trees made pursuant to this chapter.
APPROVING AUTHORITY
For an application to remove 8 or fewer regulated trees,the Town Environmental Planner
shall be the approving authority.
For an application that requests a clearing or is part of either an application for site plan
approval, residential site plan approval, subdivision approval, a special use permit and/or a
wetlands and watercourses permit issued pursuant to Chapter 114 of the Town Code, the
Planning Board shall be the approving authority.
ARBORIST
An individual who has demonstrated knowledge and competency as evidenced by a
current International Society of Arboriculture arborist certification.
CALIPER
The diameter of a tree trunk six inches above the ground.
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Page 38 of 124
CLEARING
Removal of more than 810 or more regulated trees from any lot within any twelve-month
period.
CRITICAL ROOT ZONE
The circular area surrounding a tree that must be protected from compaction,fill or
trenching to attempt to ensure the survival of the tree. That area is determined by multiplying
the diameter of the tree at breast height(DBH)by 18 and is measured from the center of the tree's
trunk measured from the outside of the tree trunk. For example,a tree with a DBH of 12 inches
has a critical root zone with a radius of 216 inches,measured from the center of the tree to the
circumference of the circle that is the critical root zone.
DEAD TREE
A tree with a DBH of six inches or more that the Town arborist demonstrates,to the \!Formatted:Font Palatino Linotype
satisfaction of the Environmental Planner,is dead or has been damaged so that it cannot Formatted:Font Palatino Linotype
be salvaged or is in an advanced state of decline (where an insufficient amount of live Formatted:Font Palatino Linotype
tissue,green leaves,limbs or branches exist to sustain life).
DIAMETER AT BREAST HEIGHT(DBH)
The diameter of a tree 4 1/2 feet above-ground level on the uphill side.DBH shall be
recorded in inches.
ENVIRONMENTAL PLANNER
The Town s Environmental Planner or another person designated by the Town Board to
act in that capacity.
EXCESSIVE PRUNING
Removal of more than 25%of the crown of a tree within any twelve-month period.
HAZARDOUS TREE
A tree with a DBH of six inches or more that the Town arborist demonstrates,to the -!Formatted:Font Palatino Linotype
satisfaction of the Environmental Planner,roses a threat to the safety of the owner of the Formatted:Font Palatino Linotype
property or members of that person's family or their real or personal property or to the Formatted:Font Palatino Linotype
safety of members of the public or their real or personal property that poscscs a
structural defect or one whose location and/or position poses a foreseeable danger to Formatted:Font Palatino Linotype
persons or property,as determined by the Environmental Planner,the Planning Board or
the Town Arborist.
INJURY
Damage to a tree foreseeably leading to the tree's death or permanent damage to the
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Page 39 of 124
health of the tree,including a wound resulting from any activity,including but not limited to
excessive pruning, cutting, trenching, excavating, altering the grade, paving or compaction,
bruising,scarring,tearing or breaking roots,bark,trunk,branches or foliage or application of
herbicide or poisoning.
INVASIVE SPECIES
Plants listed as prohibited or regulated by the New York State Part 575 list of Prohibited
and Regulated Invasive Species contained in 6CRR-NY.V.C.575 or any regulation that replaces it.
PERSON
Any individual person, firm, partnership, association, corporation, limited liability
company,organization or legal entity of any kind other than public agencies,municipal
corporations and utility companies.
PLANNING BOARD
The Planning Board of the Town of Mamaroneck.
PLANTING PLAN
A plan that identifies areas where existing trees are to be preserved and where proposed
replacement trees and other plants are to be located as well as areas of vegetation to remain after
the proposed project is completed.
REGULATED TREE
A tree with a DBH of six inches or more,a dead tree or a hazardous tree. A replacement
tree also shall be considered a regulated tree regardless of its DBH.
REMOVAL
Removal of a tree,includes not only the complete cutting down of a regulated tree but
also cutting so that only the trunk,trunk fragments or a stump remain.
REPLACEMENT TREE
A tree that is required to be planted pursuant to this chapter.
STRUCTURAL DEFECT
Any naturally occurring or secondary condition such as cavities,poor branch attachment,
cracks,or decayed wood in the trunk,crown,or roots of a tree that may contribute to structural
failure.
TOWN ARBORIST
An arborist employed or contracted by the Town.
TOWN BOARD
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Page 40 of 124
The Town Board of the Town of Mamaroneck,New York.
TREE PLANTING FUND
A fund to receive the payment of fees in situations where tree replacement requirements,
in whole or in part,cannot be met on-site.
TREE REMOVAL PERMIT
A permit issued pursuant to this chapter.
§207-3.Regulated activities;permit required.
A person shall be allowed to remove a regulated tree within the unincorporated area of the Town
only if a tree removal permit for the removal of such tree shall have been issued.
§207-4.Activities permitted by right.
Notwithstanding§207-3,the following activities are permitted by right:
A.
Removal of any tree that is not a regulated tree provided the tree is located on property owned
by the person removing it or is being removed with the consent of the property owner.
B.
Routine care and maintenance.Pruning of less than 25%of the crown of a regulated tree during
any twelve-month period is considered routine care and maintenance.
C.
Provided a tree removal permit is obtained in advance:
1. Up to 9 regulated trees can be removed from any lot having an area of 20,000
square feet or more during any twelve-month period.
2. Up to 7 regulated trees can be removed from any lot having an area greater than
7,500 square feet but less than 20,000 square feet during any twelve-month period.
3. Up to 3 regulated trees can be removed from any lot having an area of 7,500 square
feet or less during any twelve-month period.
4. Notwithstanding the foregoing limitation on the number of regulated trees that
can be removed during any twelve-month period,a person also may remove any regulated tree
that
(i)substantially interferes with a permitted use of the property,or
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Page 41 of 124
(ii)is a hazardous tree,or
(iiilthe Town arborist certifies to the satisfaction of the Environmental Planner can
reasonably be expected to be endangered by an approved cut or fill of the property where such
tree is located,or
(iv)is a dead tree.
The Environmental Planner can dispense with a report from the Town arborist if the
Environmental Planner can determine that a tree is either hazardous or dead without the need
for a report.
In making judgments pursuant to§207-4 C.,the Environmental Planner shall act reasonably.
D.
Removal of a regulated tree for the protection of the owner of the property or members of that -!Formatted:Font Palatino Linotype,11 pt
person's family or their real or personal property or for the protection of members of the public Formatted:Font Palatino Linotype,11 pt
or their real or personal property when removal is necessitated due to an actual or ongoing _ Formatted:Font Palatino Linotype,11 pt
emergency,defined as a serious situation or occurrence that happens unexpectedly and demands
immediate action. A tree removal permit is not required to remove a regulated tree as a result of
an emergency; however, the property owner shall notify the Environmental Planned of the -!Formatted:Font Palatino Linotype,11 pt
removal and provide the reason why such tree was removed as soon thereafter as practical. !Formatted:Font Palatino Linotype,11 pt
'. Formatted:Font Palatino Linotype,11 pt
§207-5.Activities absolutely prohibited.
Formatted:Font Palatino Linotype,11 pt
A \ Formatted:Font Palatino Linotype,11 pt
It shall be unlawful for any person to remove a regulated tree without obtaining a tree removal Formatted:Font Palatino Linotype
permit in advance.
AB.
It shall be unlawful for any person,other than the Town,to remove a tree within a public right-
of-way or on Town-owned property without the Town s permission. No department,agency,
commission,authority or employee of the Town of or any firm or individual retained by the Town
shall remove five or more regulated trees located within an area of 2,500 square feet, or less
without first notifying the Town Board of its intention to do so.
It shall be unlawful for any person to cause such injury to a tree so that it is likely that the tree
will become a dead tree or a hazardous tree.
D.
It shall be unlawful for any person to remove a tree with a DBH of thirty-six inches or more unless
it is determined by the Environmental Planner to be a hazardous tree or a dead tree or unless it
(i)substantially interferes with a permitted use of the property,or
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Page 42 of 124
(ii)is a hazardous tree,or
(iiilthe Town arborist certifies to the satisfaction of the Environmental Planner can
reasonably be expected to be endangered by an approved cut or fill of the property where such
tree is located,or
(iv)is a dead tree.
The Environmental Planner can dispense with a report from the Town arborist if the
Environmental Planner can determine that a tree is either hazardous or dead without the need
for a report.
In making judgments pursuant to§207-5 D.,the Environmental Planner shall act reasonably.
regulated trccs can be removed from any lot having an area of 20,000 square feet or more during
any twelve month period.
No more than 8 regulated trees can be removed from any lot having an area greater than 7,500
square feet but less than 20,000 square feet during any twelve month period.
No more than 4 regulated trees can be removed from any lot having an area of 7,500 square feet
or les.,during any twelve month period.
The foregoing limitation on the number of trees that can be removed during any twelve month
period shall not apply to the original development of a vacant lot. A lot from which a principal
use has been removed during the preceding 21 months shall not be considered a vacant lot.
Notwithstanding the foregoing limitation on the number of trees that can be removed during any
twelve month period,a person also may remove any tree(i)whose presence might endanger the
owner of the property or members of that persons family or their personal property or members
of the public or their personal property or(ii)whose health might be endangered by an approved
cut or fill of the property where such tree is located,(iii)which is dead or substantially diseased
or(iv)that substantially interfere with a permitted use of the property.
In order to remove more trees during any twelve month period than this section allows, the
applicant must demonstrate to the satisfaction of the Environmental Planner that one or more of
the foregoing criteria exists. In making such judgmentC., the Environmental Planner shall act
reasonably. The Environmental Planner may request a written evaluation by an arborist which
demonstrates that a tree is dead or hazardous
§207-6.Permit application process;approving authority.
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Page 43 of 124
A.
Any person seeking to conduct any activity listed in§207-3 shall file an application for a tree
removal permit with the approving authority.
1. Applications to the Environmental Planner
The Application shall include the following information:
a. The name,postal and email addresses and telephone number of the property owner
and the applicant,if the applicant is not the property owner,
b. The street address of the property where the removal is sought,
c. A statement of authority from the property owner authorizing for any applicant gent
to makeiig the application for a tree removal permit,
d. A general description of the proposed removal,
e. A planting plan based on the tree replacement requirements in§207-7. The planting
plan shall include the location of all proposed replacement trees and plantings,a list
of all proposed replacement trees and other plantings that identifies the species(by
common and botanical name), size and quantity. The approving authority may
waive the requirement to plant replacement trees,in whole or in part,if it determines
that,because of site constraints,it is impracticable or impossible to replace certain
trees, or where the approving authority determines that, because of relevant site
planning considerations,tree replacement is not warranted.The approving authority
shall require payment of a fee to the Tree Planting Fund to satisfy the unmet portion
of tree replacement requirements computed in accordance with§207-9A.,
f. The name,postal and email addresses and the telephone number of the applicant's
contractor,
demonstrates that a tree is dead or hazardous,
kg.Any other information that the Environmental Planner deems is reasonably
necessary in order to evaluate the application,and
ih. The fee required for a Tree Removal Permit. If work is commenced prior to the
permit being issued,the applicant shall be liable for the fine proscribed by§207-17 A.
An application for a tree removal permit submitted to the Environmental Planner shall be
approved,approved with conditions(§207-10),denied(for example,an application made during
the period prohibited by (j§ 207-81) or returned to the applicant with a request for further
information within 30 days of the receipt of a complete application.If the Environmental Planner
requests additional information, the application shall not be considered complete until the
Environmental Planner receives such additional information. An application shall not be
considered complete until the applicant obtains all other permits(except a building permit)that
must be obtained in order to perform the project that requires the removal of trees. If the tree
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Page 44 of 124
removal permit is denied,the applicant will be notified in writing by the Environmental Planner
of the reasons for the denial.
2. Applications to Planning Board
The application shall include:
a. The items listed in§207-6 A(1)(a through f);however,the applicant will not need to
reproduce separately the items that it shall have filed in connection with an application for site
plan approval,residential site plan approval,subdivision approval,a special use permit and/or a
wetlands and watercourses permit issued pursuant to Chapter 114 of the Town Code and the
required planting plan may be incorporated into the landscaping plan required by the Planning
Board in connection with the above listed applications,
b.Any other information that the Planning Board deems is reasonably necessary in order
to evaluate the application,and
c. The fee required for a tree removal permit. If work is commenced prior to the Tree
Removal Permit being issued,the applicant shall be liable for the fine proscribed by§207-17A.
An application for a tree removal permit submitted to the Planning Board may be returned to the
applicant with a request for further information. If the Planning Board requests additional
information,the application shall not be considered complete until the Planning Board receives
such additional information. An application shall not be considered by the Planning Board until
it is complete.If the tree removal permit is denied,the applicant will be notified in writing by the
Environmental Planner of the reasons for the denial.
This law shall not limit the number of regulated trees that the Planning Board can allow to be
removed for the development of a vacant lot.A lot whose principal use has been removed during
the previous twenty-four months shall not be considered a vacant lot.
B.
Any site for which an application has been submitted shall be subject to inspection upon notice
to the property owner and or the applicant at any reasonable time,including weekends,by the
approving authority or its designated representatives. By making an application for a tree
removal permit,the Applicant shall be deemed to have given its consent to such inspection.
C.
All items submitted in connection with an application for a tree removal permit,including the
application itself,shall be maintained in the office of the Building Department.
D.
The Building Department shall maintain a record of the lots for which a tree removal permit is
iaeued,the date of each permit and the number of regulated trees approved for removal by each
permit. The Building Department shall maintain a record of the lots for which tree removal
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Page 45 of 124
permits are issued by either the Environmental Planner or the Planning Board,the date of each
permit and the number of regulated trees approved for removal by each permit.
§207-7.Tree replacement.
A.
Tree replacement shall occur on-site, except where the approving authority determines that,
because of site constraints, it is impractical or impossible to do so, or where the approving
authority determines that replacement trees would unduly prevent the use or enjoyment of the
property or where the approving authority determines that,because of relevant site planning
considerations,it is not warranted.If the approving authority determines that less than all of the
required number of replacement trees can be planted on-site, the approving authority shall
require the payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree
replacement.
B.
The number of#replacement Ttrees shall be determined as follows:
832eTWo replacement trees for each removed regulated tree having a DBH between 6 inches and
12 inches.
Threewe replacement trees for each removed regulated tree having a DBH greater than 12 inches
but less than 18 inches.
ThrceFour replacement trees for each removed regulated tree having a DBH of more than 18
inches.
C
Replacement trees must have a caliper of at least two and one-half inches and must be a species
selected from the list of approved species maintained by the Environmental Planner which may
be updated from time to time. Except where the approving authority determines that it is
impractical to do so,at least 50%of replacement trees shall be trees that grow to a height of at
least 40 feet when mature.
D.
When 10 or more replacement trees are required,no single tree genus can account for more than
one-third of total number of replacement trees.Exceptions to this requirement may be authorized
by the Environmental Planner,when specific conditions warrant such a change.
E.
Replacement trees shall be ecologically compatible with the site and neighboring properties.
Invasive species shall not be allowed under any circumstances.Standards for transplanting of
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Page 46 of 124
trees and shrubs shall follow the guidelines found in the International Society of Arboriculture
publication"Tree and Shrub Planting Manual."
§207-8.Period that must elapse before an additional permit can be issued.
There shall be a period of time when a tree removal permit for the same property cannot be
issued. A tree removal permit shall not be issued for any property for which a tree removal
permit was issued prior to the first armiversary of the unconditional letter of completion for the
work done pursuant to such permit(see§207-16),or in the case of a permit which does not require
the planting of replacement trees, prior to the first armiversary of the deposit into the Tree
Planting Fund that a property owner applicant is required to make pursuant to § 207-9. The
prohibition upon the issuance of a tree removal permit shall apply even if title to the property is
transferred.
§207-9.Tree Planting Fund.
A.
When a44 applicant property owner is required to make a payment to the Tree Planting Fund,the
amount of such payment shall equal the product of the multiplication of the number of required
replacement trees that will not be planted on-site by$300.00,
B.
The Tree Planting Fund shall be the fund that receives (i) payments from applicant property
owners who cannot satisfy tree replacement requirements because the approving authority
determines that due to site constraints some or all of the required number of replacement trees
cannot be planted on-site and(ii)the payment of any fine imposed by this chapter. In addition,
any person or entity may donate to the Tree Planting Fund.
C.
(1)Amounts on deposit in the Tree Planting Fund shall be used for the sole purpose of planting
and maintaining Town owned trees, shrubs, and other permanent plant materials and other
applicable landscaping projects on Town-owned property.
(2)Proposed landscaping may include trees, shrubs, and other permanent plant materials.
Planting and maintenance shall include purchase,transportation,mulching,watering,fertilizing,
trimming, fencing and associated labor. The Tree Planting Fund may be used to fund other
associated project tasks including the purchasing equipment to be used for watering plantings,
the purchase and/or installation of irrigation systems to support plantings,design,tree inventory,
construction of tree pits,and soil amendments that enhance and promote long-term sustainability
of plantings.
(3)If feasible,the amounts on deposit in the Tree Planting Fund first should be applied to projects
located close to lots where tree removal has occurred.
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Page 47 of 124
§207-10.Issuance of permit with conditions.
Any tree removal permit may contain such conditions as the approving authority deems
necessary to ensure compliance with the legislative intent of this chapter.Examples of conditions
that may be imposed upon a tree removal permit include but are not limited to,the alteration of
the planting plan submitted by the applicant so that replacement trees are planted on-site in
locations other than the locations shown on such plan or the imposition of the requirement to
deposit money into the Tree Planting Fund instead of planting replacement trees on-site.
§207-11.Issuance of permit.
No tree removal permit shall be issued until the applicant or the property owner pays(i)the fees
required for making the application and(ii)the amount required to be paid to the Tree Planting
Fund to satisfy the unmet portion of the tree replacement requirements.
§207-12.Suspension or revocation of permit.
A.
(1)The Building Inspector,an Assistant Building Inspector,the Engineer,any Code Enforcement
Officer, the Director of Building Code Enforcement and Land Use Administration, or the
Environmental Planner may issue a stop-work order for violations of this chapter. Persons
receiving a stop-work order shall be required to halt all land development activities,except those
activities that correct the violations that led to the stop-work order or remove a hazardous
condition.The stop-work order shall be in effect until the Town confirms that the violation has
been satisfactorily corrected.Failure to address a stop-work order in a timely manner may result
in civil or monetary penalties in accordance with the enforcement measures authorized in this
chapter.
(2)The Building Inspector,an Assistant Building Inspector,the Engineer,the Director of Building
Code Enforcement and Land Use Administration,or the Environmental Planner may suspend or
revoke a tree removal permit if the applicant has not complied with any of the material terms of
such tree removal permit, has exceeded the authority granted in the permit, or has failed to
undertake the project in the manner set forth in the Application.Such suspension or revocation
shall be accompanied by a stop-work order.
B.
A stop-work order and/or suspension or revocation of a tree removal permit shall be delivered
personally to the applicant or the property owner of the property for which such permit war,
iu ued or sent by certified mail, addressed to the applicant at the address shown on the tree
removal permit and sent by certified mail to the property owner slat the address of the property
for which such permit was issued. Immediately upon the receipt of a stop-work order if
personally delivered or on the third day following the mailing of such order,the applicant and
12IPage
Page 48 of 124
anyone acting on the applicant's behalf shall cease all work being undertaken pursuant to the tree
removal permit shall cease.
§207-13.Term.
A tree removal permit shall be valid for two years from the date of its issuance unless a different
term is otherwise specified by the approving authority.Tree removal permits may be renewed
by the approving authority if a request for such renewal is submitted before the expiration of the
original tree removal permit or a renewed permit.Standards for issuance of renewals shall be the
same as the standards for issuing tree removal permits.
§207-14.Compliance with applicable provisions required.
No tree removal permit shall eliminate an applicant's the obligation of the applicant and the
property owner to comply in all respects with the applicable provisions of any other federal,state
or local law or regulation,including but not limited to the securing of any other required permit
or approval.
§207-15.Appeals.
A.
If an application is denied or issued with conditions by the Environmental Planner, the
ro er applieanner may appeal such determination to the Planning Board.
The appeal must be made within 30 days after the Environmental Planner shall have mailed the
determination to the applicant property owner. The appeal must be in writing and must set forth
the errors that the ro er owner asserts were made by the Environmental Planner.
{2)
The Planning Board shall review the appeal at its next available scheduled meeting and shall,
based upon the standards contained herein and the facts of the matter,either(i)deny the appeal,
or(ii)grant the appeal and direct the Environmental Planner either to irrue a tree removal permit
or strike one or more of the conditions attached to the permit that the Environmental Planner
is ued.
(32)
In prosecuting the appeal, the appliro er owner shall comply with the notification
requirements of Chapter 144 of the Town Code except that the properties to which mailing notice
of the appeal shall be the properties that are one hundred linear feet from each of the lot lines and
corners of the subject property.
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(3)
The Plarming Board shall review the appeal at the earliest regularly scheduled meeting that
allows the property owner to comply with the notification requirements of Chapter 144 of the
Town Code and shall,based upon the standards contained herein and the facts of the matter,
either(i)deny the appeal,or(ii)grant the appeal and direct the Environmental Planner either to
issue a tree removal permit or strike one or more of the conditions attached to the permit that the
Environmental Planner issued.
(4)
A tree removal permit shall be stayed pending determination of the appeal.
B.
AR appliner may bring a proceeding to review a determination by the Plarming
Board in the manner provided by Article 78 of the Civil Practice Law and Rules.Such proceeding
must be commenced within 30 days after the filing the Plarming Board's determination in the
office of the Town Clerk.
§207-16.Action upon completion of work.
A.
Within 30 days after completion of the removal of all trees for which a tree removal permit shall
have been issued and the planting of all replacement trees, the applicant shall notify the
Environmental Planner of such completion.
B.
Within 30 days of such notification,the Environmental Planner shall conduct an inspection to
determine whether there has been compliance with all the terms of the tree removal permit. If
the Environmental Planner determines that there has been compliance and/or the required funds
have been deposited into the Tree Planting Fund, the Environmental Planner shall issue a
conditional letter of completion. If all of the replacement trees survive for one year after the
Environmental Planner issues a conditional letter of completion,the Environmental Planner shall
issue an unconditional letter of completion. If any of the replacement trees do not survive for one
year after the Environmental Planner issues a conditional letter of completion, the applicant
property owner shall replace the replacement trees that did not survive with a like number of
replacement trees and the notification and letter of completion process stated above shall pertain
to such replacement trees.
C.
If the Environmental Planner determines that there has not been compliance with all the terms of
the tree removal permit or that not all replacement trees have been planted and/or the funds
required to have been deposited into the Tree Planting Fund have not been deposited, the
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Environmental Planner shall so notify the applicant the applicant and the property owner.The
notification shall include a list of items to be corrected. If the violations listed by the
Environmental Planner are not corrected within 30 days of the notification, the applicant the
applicant and the property owner shall be liable forpay the fine proscribed in§207-17B.
§207-17.Penalties for offenses.
A.
Any person who removes a regulated tree without complying with this chapter shall be guilty of
a violation within the meaning of NY Penal Law § 10.00 (3) and upon conviction, shall be
punished by the imposition of a fine of
$300.00 per tree for the removal of trees having a DBH between 6 inches and 12 inches,
$600.00 per tree for the removal of trees having a DBH greater than 12 inches but not
greater than 18 inches and
$900.00 per tree for the removal of trees having a DBH larger than 18 inches.
In addition,any person who removes a regulated tree without complying with this chapter shall
be required to plant the number of replacement trees and/or make the payment to the Tree Fund
that the property owner would have been required to plant or pay if such person had obtained a
tree removal permit.
B.
Any person who does not comply with a notification given by the Environmental Planner
pursuant to§207-15 C.shall be guilty of a violation within the meaning of NY Penal Law§10.00
(3) and upon conviction,shall be punished by the imposition of a fine of$500.00 plus a fine of
$300.00 for each replacement tree that the applicant property owner failed to plant plus double
the amount of the funds that the applicant property owner was required to deposit into the Tree
Planting Fund.
C.
Each violation of a provision of this chapter shall be a separate and distinct offense.In addition,
any offender may be ordered by the court to replant trees that were improperly removed,insofar
as that is possible.The court shall specify a reasonable time for completion of such restoration,
the sufficiency of which shall be determined by the Environmental Planner.The fines remitted to
the Town shall be deposited into the Tree Planting Fund.
D.
In addition of being liable for the fines contained in §207-17A., any person who removes a
regulated tree without having first received a tree removal permit or who does not comply with
a notification given by the Environmental Planner pursuant to§207-16C.shall be precluded from
applying for a tree removal permit for the removal of trees from the property for which the tree
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removal period had been issued for the 12-month period commencing with the month that such
removal or non-compliance with a notification given by the Environmental Planner pursuant to
§207-16C. is discovered by the Town.
E.
In addition to the penalties set forth above in §207-17,the Building Inspector shall not issue a
building permit,temporary certificate of occupancy or certificate of occupancy for any property
on which a violation of this chapter occurred until such violation is cured.
F. For the purpose of this section,the property owner also shall be liable for the fines and subject
to the penalties imposed by this section due to the actions of any person who violates§§207-17
A.,B.,C.or D.
§207-18. Phase-in of this chapter.
This chapter shall apply to lots having an area of 7,501 square feet or more on the ninetieth day
after this local law is filed with the Secretary of State.
This chapter shall apply to lots having an area of 7,500 square feet or less,on the first anniversary
of the date when this chapter became effective with respect to lots having an area of 7,501 square
feet or more.
Section 3—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction,such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4—Effective Date:
This Local Law shall become effective on the ninetieth day after this law is filed with the Secretary
of State.
2023 9 22 LL for public hearing 2023-10-26-LL-revision of 9-22
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Local Law No. —2023
This local law shall be known as the "Town of Mamaroneck Tree Law".
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The Town Board finds and declares that the preservation of trees, as defined herein, within the
Town is necessary to protect the health, safety and general welfare of the Town because trees
provide shade,impede soil erosion, aid water absorption and retention,inhibit excess runoff and
flooding,enhance air quality,offer a natural barrier to noise,provide a natural habitat for wildlife,
provide screening, enhance property values and add to the aesthetic quality of the community.
However, the Town Board also recognizes that property owners have the right to develop, use
and enjoy their properties and that sometimes trees must be removed in order property owners
to be able to achieve full enjoyment of their property.This law strikes a balance between the rights
of property owners and the maintenance of trees within the Town.
Section 2-Amendment of a current section of the Mamaroneck Code:
Chapter 207 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Chapter 207
Trees
§207-1 Legislative Intent
§207-2 Definitions.
§207-3. Regulated activities;permit required.
§207-4 Activities permitted by right
§207-5 Activities absolutely prohibited
§207-6 Permit application process; approving authority
§207-7 Tree replacement
§207-8 Period that must elapse before an additional permit can be issued
§207-9 Tree Planting Fund
§207-10 Issuance of permit with conditions
§207-11 Issuance of permit
§207-12 Suspension or revocation of permit
§207-13 Term
§207-14 Compliance with applicable provisions required
§207-15 Appeals
§207-16 Action upon completion of work
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§207-17 Penalties for offenses
§207-18 Phase-in of this chapter
§207-1 Legislative Intent.
The Town Board finds and declares that the preservation of trees, as defined herein, within the
Town is necessary to protect the health, safety and general welfare of the Town because trees
provide shade,impede soil erosion, aid water absorption and retention,inhibit excess runoff and
flooding,enhance air quality,offer a natural barrier to noise,provide a natural habitat for wildlife,
provide screening, enhance property values and add to the aesthetic quality of the community.
However, the Town Board also recognizes that property owners have the right to develop, use
and enjoy their properties and that sometimes trees must be removed in order property owners
to be able to achieve full enjoyment of their property.This law strikes a balance between the rights
of property owners and the maintenance of trees within the Town.
§207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
A person requesting a tree removal permit.
APPLICATION
A request to remove trees made pursuant to this chapter.
APPROVING AUTHORITY
For an application to remove 8 or fewer regulated trees,the Town Environmental Planner
shall be the approving authority.
For an application that requests a clearing or is part of either an application for site plan
approval, residential site plan approval, subdivision approval, a special use permit and/or a
wetlands and watercourses permit issued pursuant to Chapter 114 of the Town Code, the
Planning Board shall be the approving authority.
ARBORIST
An individual who has demonstrated knowledge and competency as evidenced by a
current International Society of Arboriculture arborist certification.
CALIPER
The diameter of a tree trunk six inches above the ground.
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CLEARING
Removal of more than 8 regulated trees from any lot within any twelve-month period.
CRITICAL ROOT ZONE
The circular area surrounding a tree that must be protected from compaction, fill or
trenching to attempt to ensure the survival of the tree. That area is determined by multiplying
the diameter of the tree at breast height(DBH)by 18 and is measured from the center of the tree's
trunk measured from the outside of the tree trunk. For example, a tree with a DBH of 12 inches
has a critical root zone with a radius of 216 inches, measured from the center of the tree to the
circumference of the circle that is the critical root zone.
DEAD TREE
A tree with a DBH of six inches or more that the Town arborist demonstrates,to the
satisfaction of the Environmental Planner, is dead or has been damaged so that it cannot be
salvaged or is in an advanced state of decline (where an insufficient amount of live tissue, green
leaves,limbs or branches exist to sustain life).
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree 4 1/2 feet above-ground level on the uphill side. DBH shall be
recorded in inches.
ENVIRONMENTAL PLANNER
The Town's Environmental Planner or another person designated by the Town Board to
act in that capacity.
EXCESSIVE PRUNING
Removal of more than 25%of the crown of a tree within any twelve-month period.
HAZARDOUS TREE
A tree with a DBH of six inches or more that the Town arborist demonstrates,to the
satisfaction of the Environmental Planner,poses a threat to the safety of the owner of the property
or members of that persons family or their real or personal property or to the safety of members
of the public or their real or personal property.
INJURY
Damage to a tree foreseeably leading to the tree's death or permanent damage to the
health of the tree, including a wound resulting from any activity, including but not limited to
excessive pruning, cutting, trenching, excavating, altering the grade, paving or compaction,
bruising, scarring, tearing or breaking roots, bark, trunk, branches or foliage or application of
herbicide or poisoning.
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INVASIVE SPECIES
Plants listed as prohibited or regulated by the New York State Part 575 list of Prohibited
and Regulated Invasive Species contained in 6CRR-NY.V.C.575 or any regulation that replaces it.
PERSON
Any individual person, firm, partnership, association, corporation, limited liability
company, organization or legal entity of any kind other than public agencies, municipal
corporations and utility companies.
PLANNING BOARD
The Planning Board of the Town of Mamaroneck.
PLANTING PLAN
A plan that identifies areas where existing trees are to be preserved and where proposed
replacement trees and other plants are to be located as well as areas of vegetation to remain after
the proposed project is completed.
REGULATED TREE
A tree with a DBH of six inches or more, a dead tree or a hazardous tree. A replacement
tree also shall be considered a regulated tree regardless of its DBH.
REMOVAL
Removal of a tree, includes not only the complete cutting down of a regulated tree but
also cutting so that only the trunk, trunk fragments or a stump remain.
REPLACEMENT TREE
A tree that is required to be planted pursuant to this chapter.
STRUCTURAL DEFECT
Any naturally occurring or secondary condition such as cavities,poor branch attachment,
cracks, or decayed wood in the trunk, crown, or roots of a tree that may contribute to structural
failure.
TOWN ARBORIST
An arborist employed or contracted by the Town.
TOWN BOARD
The Town Board of the Town of Mamaroneck, New York.
TREE PLANTING FUND
A fund to receive the payment of fees in situations where tree replacement requirements,
in whole or in part, cannot be met on-site.
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TREE REMOVAL PERMIT
A permit issued pursuant to this chapter.
§207-3.Regulated activities;permit required.
A person shall be allowed to remove a regulated tree within the unincorporated area of the Town
only if a tree removal permit for the removal of such tree shall have been issued.
§207-4. Activities permitted by right.
Notwithstanding§ 207-3, the following activities are permitted by right:
A.
Removal of any tree that is not a regulated tree provided the tree is located on property owned
by the person removing it or is being removed with the consent of the property owner.
B.
Routine care and maintenance. Pruning of less than 25% of the crown of a regulated tree during
any twelve-month period is considered routine care and maintenance.
C.
Provided a tree removal permit is obtained in advance:
1. Up to 9 regulated trees can be removed from any lot having an area of 20,000
square feet or more during any twelve-month period.
2. Up to 7 regulated trees can be removed from any lot having an area greater than
7,500 square feet but less than 20,000 square feet during any twelve-month period.
3. Up to 3 regulated trees can be removed from any lot having an area of 7,500 square
feet or less during any twelve-month period.
4. Notwithstanding the foregoing limitation on the number of regulated trees that
can be removed during any twelve-month period, a person also may remove any regulated tree
that
(i) substantially interferes with a permitted use of the property,or
(ii)is a hazardous tree, or
(iii)the Town arborist certifies to the satisfaction of the Environmental Planner can
reasonably be expected to be endangered by an approved cut or fill of the property where such
tree is located, or
(iv) is a dead tree.
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The Environmental Planner can dispense with a report from the Town arborist if the
Environmental Planner can determine that a tree is either hazardous or dead without the need
for a report.
In making judgments pursuant to§207-4 C., the Environmental Planner shall act reasonably.
D.
Removal of a regulated tree for the protection of the owner of the property or members of that
person's family or their real or personal property or for the protection of members of the public
or their real or personal property when removal is necessitated due to an actual or ongoing
emergency,defined as a serious situation or occurrence that happens unexpectedly and demands
immediate action. A tree removal permit is not required to remove a regulated tree as a result of
an emergency; however, the property owner shall notify the Environmental Planner of the
removal and provide the reason why such tree was removed as soon thereafter as practical.
§207-5.Activities absolutely prohibited.
A.
It shall be unlawful for any person to remove a regulated tree without obtaining a tree removal
permit in advance.
B.
It shall be unlawful for any person, other than the Town, to remove a tree within a public right-
of-way or on Town-owned property without the Town's permission. No department, agency,
commission,authority or employee of the Town of or any firm or individual retained by the Town
shall remove five or more regulated trees located within an area of 2,500 square feet, or less
without first notifying the Town Board of its intention to do so.
C.
It shall be unlawful for any person to cause such injury to a tree so that it is likely that the tree
will become a dead tree or a hazardous tree.
D.
It shall be unlawful for any person to remove a tree with a DBH of thirty-six inches or more unless
it is determined by the Environmental Planner to be a hazardous tree or a dead tree or unless it
(i) substantially interferes with a permitted use of the property, or
(ii)is a hazardous tree, or
(iii)the Town arborist certifies to the satisfaction of the Environmental Planner can
reasonably be expected to be endangered by an approved cut or fill of the property where such
tree is located, or
(iv) is a dead tree.
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The Environmental Planner can dispense with a report from the Town arborist if the
Environmental Planner can determine that a tree is either hazardous or dead without the need
for a report.
In making judgments pursuant to§207-5 D., the Environmental Planner shall act reasonably.
§207-6. Permit application process; approving authority.
A.
Any person seeking to conduct any activity listed in § 207-3 shall file an application for a tree
removal permit with the approving authority.
1. Applications to the Environmental Planner
The Application shall include the following information:
a. The name,postal and email addresses and telephone number of the property owner
and the applicant, if the applicant is not the property owner,
b. The street address of the property where the removal is sought,
c. A statement from the property owner authorizing an applicant to make the
application for a tree removal permit,
d. A general description of the proposed removal,
e. A planting plan based on the tree replacement requirements in§207-7. The planting
plan shall include the location of all proposed replacement trees and plantings, a list
of all proposed replacement trees and other plantings that identifies the species (by
common and botanical name), size and quantity. The approving authority may
waive the requirement to plant replacement trees,in whole or in part,if it determines
that, because of site constraints, it is impracticable or impossible to replace certain
trees, or where the approving authority determines that, because of relevant site
planning considerations,tree replacement is not warranted.The approving authority
shall require payment of a fee to the Tree Planting Fund to satisfy the unmet portion
of tree replacement requirements computed in accordance with§207-9A.,
f. The name, postal and email addresses and the telephone number of the applicant's
contractor,
g.Any other information that the Environmental Planner deems is reasonably
necessary in order to evaluate the application, and
h. The fee required for a Tree Removal Permit. If work is commenced prior to the permit
being issued, the applicant shall be liable for the fine proscribed by§207-17 A.
An application for a tree removal permit submitted to the Environmental Planner shall be
approved,approved with conditions(§207-10),denied(for example,an application made during
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the period prohibited by [§ 207-8]) or returned to the applicant with a request for further
information within 30 days of the receipt of a complete application.If the Environmental Planner
requests additional information, the application shall not be considered complete until the
Environmental Planner receives such additional information. An application shall not be
considered complete until the applicant obtains all other permits (except a building permit) that
must be obtained in order to perform the project that requires the removal of trees. If the tree
removal permit is denied,the applicant will be notified in writing by the Environmental Planner
of the reasons for the denial.
2. Applications to Planning Board
The application shall include:
a. The items listed in§207-6 A (1) (a through f);however, the applicant will not need to
reproduce separately the items that it shall have filed in connection with an application for site
plan approval,residential site plan approval, subdivision approval, a special use permit and/or a
wetlands and watercourses permit issued pursuant to Chapter 114 of the Town Code and the
required planting plan may be incorporated into the landscaping plan required by the Planning
Board in connection with the above listed applications,
b. Any other information that the Planning Board deems is reasonably necessary in order
to evaluate the application, and
c. The fee required for a tree removal permit. If work is commenced prior to the Tree
Removal Permit being issued, the applicant shall be liable for the fine proscribed by§207-17A.
An application for a tree removal permit submitted to the Planning Board may be returned to the
applicant with a request for further information. If the Planning Board requests additional
information, the application shall not be considered complete until the Planning Board receives
such additional information. An application shall not be considered by the Planning Board until
it is complete.If the tree removal permit is denied,the applicant will be notified in writing by the
Environmental Planner of the reasons for the denial.
This law shall not limit the number of regulated trees that the Planning Board can allow to be
removed for the development of a vacant lot.A lot whose principal use has been removed during
the previous twenty-four months shall not be considered a vacant lot.
B.
Any site for which an application has been submitted shall be subject to inspection upon notice
to the property owner and/or the applicant at any reasonable time, including weekends, by the
approving authority or its designated representatives. By making an application for a tree
removal permit, the Applicant shall be deemed to have given its consent to such inspection.
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C.
All items submitted in connection with an application for a tree removal permit, including the
application itself, shall be maintained in the office of the Building Department.
D.
The Building Department shall maintain a record of the lots for which tree removal permits are
issued by either the Environmental Planner or the Planning Board, the date of each permit and
the number of regulated trees approved for removal by each permit.
§207-7.Tree replacement.
A.
Tree replacement shall occur on-site, except where the approving authority determines that,
because of site constraints, it is impractical or impossible to do so, or where the approving
authority determines that replacement trees would unduly prevent the use or enjoyment of the
property or where the approving authority determines that, because of relevant site planning
considerations, it is not warranted. If the approving authority determines that less than all of the
required number of replacement trees can be planted on-site, the approving authority shall
require the payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree
replacement.
B.
The number of replacement trees shall be determined as follows:
Two replacement trees for each removed regulated tree having a DBH between 6 inches and 12
inches.
Three replacement trees for each removed regulated tree having a DBH greater than 12 inches
but less than 18 inches.
Four replacement trees for each removed regulated tree having a DBH of more than 18 inches.
C
Replacement trees must have a caliper of at least two and one-half inches and must be a species
selected from the list of approved species maintained by the Environmental Planner which may
be updated from time to time. Except where the approving authority determines that it is
impractical to do so, at least 50% of replacement trees shall be trees that grow to a height of at
least 40 feet when mature.
D.
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When 10 or more replacement trees are required,no single tree genus can account for more than
one-third of total number of replacement trees.Exceptions to this requirement may be authorized
by the Environmental Planner,when specific conditions warrant such a change.
E.
Replacement trees shall be ecologically compatible with the site and neighboring properties.
Invasive species shall not be allowed under any circumstances. Standards for transplanting of
trees and shrubs shall follow the guidelines found in the International Society of Arboriculture
publication"Tree and Shrub Planting Manual."
§207-8.Period that must elapse before an additional permit can be issued.
There shall be a period of time when a tree removal permit for the same property cannot be
issued. A tree removal permit shall not be issued for any property for which a tree removal
permit was issued prior to the first anniversary of the unconditional letter of completion for the
work done pursuant to such permit(see§207-16),or in the case of a permit which does not require
the planting of replacement trees, prior to the first anniversary of the deposit into the Tree
Planting Fund that a property owner is required to make pursuant to § 207-9. The prohibition
upon the issuance of a tree removal permit shall apply even if title to the property is transferred.
§207-9. Tree Planting Fund.
A.
When a property owner is required to make a payment to the Tree Planting Fund,the amount of
such payment shall equal the product of the multiplication of the number of required replacement
trees that will not be planted on-site by$300.00:
B.
The Tree Planting Fund shall be the fund that receives (i) payments from property owners who
cannot satisfy tree replacement requirements because the approving authority determines that
due to site constraints some or all of the required number of replacement trees cannot be planted
on-site and (ii) the payment of any fine imposed by this chapter. In addition, any person may
donate to the Tree Planting Fund.
C.
(1) Amounts on deposit in the Tree Planting Fund shall be used for the sole purpose of planting
and maintaining Town owned trees, shrubs, and other permanent plant materials and other
applicable landscaping projects on Town-owned property.
(2) Proposed landscaping may include trees, shrubs, and other permanent plant materials.
Planting and maintenance shall include purchase,transportation,mulching,watering,fertilizing,
trimming, fencing and associated labor. The Tree Planting Fund may be used to fund other
associated project tasks including the purchasing equipment to be used for watering plantings,
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the purchase and/or installation of irrigation systems to support plantings,design,tree inventory,
construction of tree pits,and soil amendments that enhance and promote long-term sustainability
of plantings.
(3)If feasible,the amounts on deposit in the Tree Planting Fund first should be applied to projects
located close to lots where tree removal has occurred.
§207-10. Issuance of permit with conditions.
Any tree removal permit may contain such conditions as the approving authority deems
necessary to ensure compliance with the legislative intent of this chapter.Examples of conditions
that may be imposed upon a tree removal permit include but are not limited to, the alteration of
the planting plan submitted by the applicant so that replacement trees are planted on-site in
locations other than the locations shown on such plan or the imposition of the requirement to
deposit money into the Tree Planting Fund instead of planting replacement trees on-site.
§207-11. Issuance of permit.
No tree removal permit shall be issued until the applicant or the property owner pays(i) the fees
required for making the application and (ii) the amount required to be paid to the Tree Planting
Fund to satisfy the unmet portion of the tree replacement requirements.
§207-12. Suspension or revocation of permit.
A.
(1) The Building Inspector, an Assistant Building Inspector, the Engineer, any Code Enforcement
Officer, the Director of Building Code Enforcement and Land Use Administration, or the
Environmental Planner may issue a stop-work order for violations of this chapter. Persons
receiving a stop-work order shall be required to halt all land development activities,except those
activities that correct the violations that led to the stop-work order or remove a hazardous
condition. The stop-work order shall be in effect until the Town confirms that the violation has
been satisfactorily corrected. Failure to address a stop-work order in a timely manner may result
in civil or monetary penalties in accordance with the enforcement measures authorized in this
chapter.
(2)The Building Inspector, an Assistant Building Inspector,the Engineer,the Director of Building
Code Enforcement and Land Use Administration, or the Environmental Planner may suspend or
revoke a tree removal permit if the applicant has not complied with any of the material terms of
such tree removal permit, has exceeded the authority granted in the permit, or has failed to
undertake the project in the manner set forth in the Application. Such suspension or revocation
shall be accompanied by a stop-work order.
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B.
A stop-work order and/or suspension or revocation of a tree removal permit shall be delivered
personally to the applicant or the property owner or sent by certified mail, addressed to the
applicant at the address shown on the tree removal permit and sent by certified mail to the
property owner at the address of the property for which such permit was issued. Immediately
upon the receipt of a stop-work order if personally delivered or on the third day following the
mailing of such order,all work being undertaken pursuant to the tree removal permit shall cease.
§207-13.Term.
A tree removal permit shall be valid for two years from the date of its issuance unless a different
term is otherwise specified by the approving authority. Tree removal permits may be renewed
by the approving authority if a request for such renewal is submitted before the expiration of the
original tree removal permit or a renewed permit.Standards for issuance of renewals shall be the
same as the standards for issuing tree removal permits.
§207-14. Compliance with applicable provisions required.
No tree removal permit shall eliminate the obligation of the applicant and the property owner to
comply in all respects with the applicable provisions of any other federal, state or local law or
regulation, including but not limited to the securing of any other required permit or approval.
§207-15.Appeals.
A.
If an application is denied or issued with conditions by the Environmental Planner, the property
owner may appeal such determination to the Planning Board.
(1)
The appeal must be made within 30 days after the Environmental Planner shall have mailed the
determination to the property owner. The appeal must be in writing and must set forth the errors
that the property owner asserts were made by the Environmental Planner.
(2)
In prosecuting the appeal,the property owner shall comply with the notification requirements of
Chapter 144 of the Town Code except that the properties to which mailing notice of the appeal
shall be the properties that are one hundred linear feet from each of the lot lines and corners of
the subject property.
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(3)
The Planning Board shall review the appeal at the earliest regularly scheduled meeting that
allows the property owner to comply with the notification requirements of Chapter 144 of the
Town Code and shall, based upon the standards contained herein and the facts of the matter,
either (i) deny the appeal, or (ii) grant the appeal and direct the Environmental Planner either to
issue a tree removal permit or strike one or more of the conditions attached to the permit that the
Environmental Planner issued.
(4)
A tree removal permit shall be stayed pending determination of the appeal.
B.
A property owner may bring a proceeding to review a determination by the Planning Board in
the manner provided by Article 78 of the Civil Practice Law and Rules.Such proceeding must be
commenced within 30 days after the filing the Planning Board's determination in the office of the
Town Clerk.
§207-16.Action upon completion of work.
A.
Within 30 days after completion of the removal of all trees for which a tree removal permit shall
have been issued and the planting of all replacement trees, the applicant shall notify the
Environmental Planner of such completion.
B.
Within 30 days of such notification, the Environmental Planner shall conduct an inspection to
determine whether there has been compliance with all the terms of the tree removal permit. If
the Environmental Planner determines that there has been compliance and/or the required funds
have been deposited into the Tree Planting Fund, the Environmental Planner shall issue a
conditional letter of completion. If all of the replacement trees survive for one year after the
Environmental Planner issues a conditional letter of completion,the Environmental Planner shall
issue an unconditional letter of completion. If any of the replacement trees do not survive for one
year after the Environmental Planner issues a conditional letter of completion,the property owner
shall replace the replacement trees that did not survive with a like number of replacement trees
and the notification and letter of completion process stated above shall pertain to such
replacement trees.
C.
If the Environmental Planner determines that there has not been compliance with all the terms of
the tree removal permit or that not all replacement trees have been planted and/or the funds
required to have been deposited into the Tree Planting Fund have not been deposited, the
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Environmental Planner shall so notify the applicant and the property owner. The notification
shall include a list of items to be corrected. If the violations listed by the Environmental Planner
are not corrected within 30 days of the notification,the applicant and the property owner shall be
liable for the fine proscribed in§207-17B.
§207-17.Penalties for offenses.
A.
Any person who removes a regulated tree without complying with this chapter shall be guilty of
a violation within the meaning of NY Penal Law § 10.00 (3) and upon conviction, shall be
punished by the imposition of a fine of
$300.00 per tree for the removal of trees having a DBH between 6 inches and 12 inches,
$600.00 per tree for the removal of trees having a DBH greater than 12 inches but not
greater than 18 inches and
$900.00 per tree for the removal of trees having a DBH larger than 18 inches.
In addition, any person who removes a regulated tree without complying with this chapter shall
be required to plant the number of replacement trees and/or make the payment to the Tree Fund
that the property owner would have been required to plant or pay if such person had obtained a
tree removal permit.
B.
Any person who does not comply with a notification given by the Environmental Planner
pursuant to§207-15 C. shall be guilty of a violation within the meaning of NY Penal Law§10.00
(3) and upon conviction, shall be punished by the imposition of a fine of $500.00 plus a fine of
$300.00 for each replacement tree that the property owner failed to plant plus double the amount
of the funds that the property owner was required to deposit into the Tree Planting Fund.
C.
Each violation of a provision of this chapter shall be a separate and distinct offense. In addition,
any offender may be ordered by the court to replant trees that were improperly removed,insofar
as that is possible. The court shall specify a reasonable time for completion of such restoration,
the sufficiency of which shall be determined by the Environmental Planner.The fines remitted to
the Town shall be deposited into the Tree Planting Fund.
D.
In addition of being liable for the fines contained in §207-17A., any person who removes a
regulated tree without having first received a tree removal permit or who does not comply with
a notification given by the Environmental Planner pursuant to§207-16C. shall be precluded from
applying for a tree removal permit for the removal of trees from the property for which the tree
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removal period had been issued for the 12-month period commencing with the month that such
removal or non-compliance with a notification given by the Environmental Planner pursuant to
§207-16C. is discovered by the Town.
E.
In addition to the penalties set forth above in §207-17, the Building Inspector shall not issue a
building permit, temporary certificate of occupancy or certificate of occupancy for any property
on which a violation of this chapter occurred until such violation is cured.
F. For the purpose of this section,the property owner also shall be liable for the fines and subject
to the penalties imposed by this section due to the actions of any person who violates §§207-17
A., B., C. or D.
§207-18. Phase-in of this chapter.
This chapter shall apply to lots having an area of 7,501 square feet or more on the ninetieth day
after this local law is filed with the Secretary of State.
This chapter shall apply to lots having an area of 7,500 square feet or less, on the first anniversary
of the date when this chapter became effective with respect to lots having an area of 7,501 square
feet or more.
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective on the ninetieth day after this law is filed with the Secretary
of State.
2023-10-26-LL-revision of 9-22
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Local Law No. -2023
This local law shall be known as the "Town of Mamaroneck Tree Law".
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 -Purpose:
The Town Board finds and declares that the preservation of trees, as defined herein, within the
Town is necessary to protect the health, safety and general welfare of the Town because trees
provide shade,impede soil erosion,aid water absorption and retention,inhibit excess runoff and
flooding,enhance air quality,offer a natural barrier to noise,provide a natural habitat for wildlife,
provide screening, enhance property values and add to the aesthetic quality of the community.
However, the Town Board also recognizes that property owners have the right to develop, use
and enjoy their properties and that sometimes trees must be removed in order for property
owners to be able to achieve full enjoyment of their property. This law strikes a balance between
the rights of property owners and the maintenance of trees within the Town.
Section 2-Amendment of a current section of the Mamaroneck Code:
Chapter 207 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
Chapter 207
Trees
§207-1 Legislative Intent
§207-2 Definitions.
§207-3. Regulated activities;permit required.
§207-4 Activities permitted by right
§207-5 Activities absolutely prohibited
§207-6 Permit application process; approving authority
§207-7 Tree replacement
§207-8 Period that must elapse before an additional permit can be issued
§207-9 Tree Planting Fund
§207-10 Issuance of permit with conditions
§207-11 Issuance of permit
§207-12 Suspension or revocation of permit
§207-13 Term
§207-14 Compliance with applicable provisions required
§207-15 Appeals
§207-16 Action upon completion of work
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§207-17 Penalties for offenses
§207-18 Phase-in of this chapter
§207-1 Legislative Intent.
The Town Board finds and declares that the preservation of trees, as defined herein, within the
Town is necessary to protect the health, safety and general welfare of the Town because trees
provide shade,impede soil erosion,aid water absorption and retention,inhibit excess runoff and
flooding,enhance air quality,offer a natural barrier to noise,provide a natural habitat for wildlife,
provide screening, enhance property values and add to the aesthetic quality of the community.
However, the Town Board also recognizes that property owners have the right to develop, use
and enjoy their properties and that sometimes trees must be removed in order property owners
to be able to achieve full enjoyment of their property.This law strikes a balance between the rights
of property owners and the maintenance of trees within the Town.
§207-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
A person requesting a tree removal permit.
APPLICATION
A request to remove trees made pursuant to this chapter.
APPROVING AUTHORITY
For an application to remove 9 or fewer regulated trees,the Town Environmental Planner
shall be the approving authority.
For an application that requests a clearing or is part of either an application for site plan
approval, residential site plan approval, subdivision approval, a special use permit and/or a
wetlands and watercourses permit issued pursuant to Chapter 114 of the Town Code, the
Planning Board shall be the approving authority.
ARBORIST
An individual who has demonstrated knowledge and competency as evidenced by a
current International Society of Arboriculture arborist certification.
CALIPER
The diameter of a tree trunk six inches above the ground.
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CLEARING
Removal of 10 or more regulated trees from any lot within any twelve-month period.
CRITICAL ROOT ZONE
The circular area surrounding a tree that must be protected from compaction, fill or
trenching to attempt to ensure the survival of the tree. That area is determined by multiplying
the diameter of the tree at breast height(DBH)by 18 and is measured from the center of the tree's
trunk measured from the outside of the tree trunk. For example, a tree with a DBH of 12 inches
has a critical root zone with a radius of 216 inches, measured from the center of the tree to the
circumference of the circle that is the critical root zone.
DEAD TREE
A tree with a DBH of six inches or more that is dead or has been damaged so that it cannot
be salvaged or in an advanced state of decline (where an insufficient amount of live tissue, green
leaves, limbs or branches exist to sustain life).
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree 41/2 feet above-ground level on the uphill side.DBH shall be
recorded in inches.
ENVIRONMENTAL PLANNER
The Town's Environmental Planner or another person designated by the Town Board to
act in that capacity.
EXCESSIVE PRUNING
Removal of more than 25%of the crown of a tree within any twelve-month period.
HAZARDOUS TREE
A tree with a DBH of six inches or more that possesses a structural defect or one whose
location and/or position poses a foreseeable danger to persons or property, as determined by the
Environmental Planner, the Planning Board or the Town Arborist.
INJURY
Damage to a tree foreseeably leading to the tree's death or permanent damage to the
health of the tree, including a wound resulting from any activity, including but not limited to
excessive pruning, cutting, trenching, excavating, altering the grade, paving or compaction,
bruising, scarring, tearing or breaking roots, bark, trunk, branches or foliage or application of
herbicide or poisoning.
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INVASIVE SPECIES
Plants listed as prohibited or regulated by the New York State Part 575 list of Prohibited
and Regulated Invasive Species contained in 6CRR-NY.V.C.575 or any regulation that replaces it.
PERSON
Any individual person,firm, partnership, association, corporation, company,
organization or legal entity of any kind other than public agencies, municipal corporations and
utility companies.
PLANNING BOARD
The Planning Board of the Town of Mamaroneck.
PLANTING PLAN
A plan that identifies areas where existing trees are to be preserved and where proposed
replacement trees and other plants are to be located as well as areas of vegetation to remain after
the proposed project is completed.
REGULATED TREE
A tree with a DBH of six inches or more a dead tree or a hazardous tree. A replacement
tree also shall be considered a regulated tree regardless of its DBH.
REMOVAL
Removal of a tree, includes not only the complete cutting down of a regulated tree but
also cutting so that only the trunk, trunk fragments or a stump remain.
REPLACEMENT TREE
A tree that is required to be planted pursuant to this chapter.
STRUCTURAL DEFECT
Any naturally occurring or secondary condition such as cavities,poor branch attachment,
cracks, or decayed wood in the trunk, crown, or roots of a tree that may contribute to structural
failure.
TOWN ARBORIST
An arborist employed or contracted by the Town.
TOWN BOARD
The Town Board of the Town of Mamaroneck, New York.
TREE PLANTING FUND
A fund to receive the payment of fees in situations where tree replacement requirements,
in whole or in part, cannot be met on-site.
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TREE REMOVAL PERMIT
A permit issued pursuant to this chapter.
§207-3. Regulated activities;permit required.
A person shall be allowed to remove a regulated tree within the unincorporated area of the Town
only if a tree removal permit for the removal of such tree shall have been issued.
§207-4. Activities permitted by right.
Notwithstanding§ 207-3, the following activities are permitted by right:
A.
Removal of any tree that is not a regulated tree provided the tree is located on property owned
by the person removing it or is being removed with the consent of the property owner.
B.
Routine care and maintenance. Pruning of less than 25% of the crown of a regulated tree during
any twelve-month period is considered routine care and maintenance.
§207-5. Activities absolutely prohibited.
A.
It shall be unlawful for any person, other than the Town, to remove a tree within a public right-
of-way or on Town-owned property without the Town's permission.
B.
It shall be unlawful for any person to cause such injury to a tree so that it is likely that the tree
will become a dead tree or a hazardous tree.
C.
No more than 10 regulated trees can be removed from any lot having an area of 20,000 square
feet or more during any twelve-month period.
No more than 8 regulated trees can be removed from any lot having an area greater than 7,500
square feet but less than 20,000 square feet during any twelve-month period.
No more than 4 regulated trees can be removed from any lot having an area of 7,500 square feet
or less during any twelve-month period.
The foregoing limitation on the number of trees that can be removed during any twelve-month
period shall not apply to the original development of a vacant lot. A lot from which a principal
use has been removed during the preceding 24 months shall not be considered a vacant lot.
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Notwithstanding the foregoing limitation on the number of trees that can be removed during any
twelve-month period, a person also may remove any tree(i)whose presence might endanger the
owner of the property or members of that person's family or their personal property or members
of the public or their personal property or(ii)whose health might be endangered by an approved
cut or fill of the property where such tree is located, (iii)which is dead or substantially diseased
or (iv) that substantially interfere with a permitted use of the property.
In order to remove more trees during any twelve-month period than this section allows, the
applicant must demonstrate to the satisfaction of the Environmental Planner that one or more of
the foregoing criteria exists. In making such judgment, the Environmental Planner shall act
reasonably. The Environmental Planner may request a written evaluation by an arborist which
demonstrates that a tree is dead or hazardous
§207-6. Permit application process; approving authority.
A.
Any person seeking to conduct any activity listed in §207-3 shall file an application for a tree
removal permit with the approving authority.
1. Applications to the Environmental Planner
The Application shall include the following information:
a. The name,postal and email addresses and telephone number of the property owner
and the applicant, if the applicant is not the property owner,
b. The street address of the property where the removal is sought,
c. A statement of authority from the owner for any agent making the application for a
tree removal permit,
d. A general description of the proposed removal
e. A planting plan based on the tree replacement requirements in§ 207-7. The planting
plan shall include the location of all proposed replacement trees and plantings, a list
of all proposed replacement trees and other plantings that identifies the species (by
common and botanical name), size and quantity. The approving authority may
waive the requirement to plant replacement trees,in whole or in part,if it determines
that, because of site constraints, it is impracticable or impossible to replace certain
trees, or where the approving authority determines that, because of relevant site
planning considerations,tree replacement is not warranted.The approving authority
shall require payment of a fee to the Tree Planting Fund to satisfy the unmet portion
of tree replacement requirements computed in accordance with§207-9A.,
f. The name, postal and email addresses and the telephone number of the applicant's
contractor,
g. The Environmental Planner may request a written evaluation by an arborist which
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demonstrates that a tree is dead or hazardous,
h. Any other information that the Environmental Planner deems is reasonably
necessary in order to evaluate the application, and
i. The fee required for a Tree Removal Permit. If work is commenced prior to the permit
being issued, the applicant shall be liable for the fine proscribed by§207-17 A.
An application for a tree removal permit submitted to the Environmental Planner shall be
approved,approved with conditions(§207-10), denied(for example,an application made during
the period prohibited by (§ 207-8). or returned to the applicant with a request for further
information within 30 days of the receipt of a complete application.If the Environmental Planner
requests additional information, the application shall not be considered complete until the
Environmental Planner receives such additional information. An application shall not be
considered complete until the applicant obtains all other permits that must be obtained in order
to perform the project that requires the removal of trees. If the tree removal permit is denied,the
applicant will be notified in writing by the Environmental Planner of the reasons for the denial.
2. Applications to Planning Board
The application shall include:
a. The items listed in§ 207-6 A (1) (a through f);however, the applicant will not need to
reproduce separately the items that it shall have filed in connection with an application for site
plan approval,residential site plan approval, subdivision approval, a special use permit and/or a
wetlands and watercourses permit issued pursuant to Chapter 114 of the Town Code,
b. Any other information that the Planning Board deems is reasonably necessary in order
to evaluate the application, and
c. The fee required for a tree removal permit. If work is commenced prior to the Tree
Removal Permit being issued, the applicant shall be liable for the fine proscribed by§ 207-17A.
An application for a tree removal permit submitted to the Planning Board may be returned to the
applicant with a request for further information. If the Planning Board requests additional
information, the application shall not be considered complete until the Planning Board receives
such additional information. An application shall not be considered by the Planning Board until
it is complete.If the tree removal permit is denied,the applicant will be notified in writing by the
Environmental Planner of the reasons for the denial.
B.
Any site for which an application has been submitted shall be subject to inspection upon notice
to the property owner and the applicant at any reasonable time, including weekends, by the
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approving authority or its designated representatives. By making an application for a tree
removal permit,the Applicant shall be deemed to have given its consent to such inspection.
C.
All items submitted in connection with an application for a tree removal permit, including the
application itself, shall be maintained in the office of the Building Department.
D.
The Building Department shall maintain a record of the lots for which a tree removal permit is
issued, the date of each permit and the number of regulated trees approved for removal by each
permit. The Building Department shall maintain a record of the lots for which tree removal
permits are issued by either the Environmental Planner or the Planning Board, the date of each
permit and the number of regulated trees approved for removal by each permit.
§207-7. Tree replacement.
A.
Tree replacement shall occur on-site, except where the approving authority determines that,
because of site constraints, it is impractical or impossible to do so, or where the approving
authority determines that replacement trees would unduly prevent the use or enjoyment of the
property or where the approving authority determines that, because of relevant site planning
considerations, it is not warranted. If the approving authority determines that less than all of the
required number of replacement trees can be planted on-site, the approving authority shall
require the payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree
replacement.
B.
The number of Replacement Trees shall be determined as follows:
One replacement tree for each removed regulated tree having a DBH between 6 inches and 12
inches.
Two replacement trees for each removed regulated tree having a DBH greater than 12 inches but
less than 18 inches.
Three replacement trees for each removed regulated tree having a DBH of more than 18 inches.
C
Replacement trees must have a caliper of at least two and one-half inches and must be a species
selected from the list of approved species maintained by the Environmental Planner which may
be updated from time to time. Except where the approving authority determines that it is
impractical to do so, at least 50% of replacement trees shall be trees that grow to a height of at
least 40 feet when mature.
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D.
When 10 or more replacement trees are required,no single tree genus can account for more than
one-third of total number of replacement trees.Exceptions to this requirement may be authorized
by the Environmental Planner,when specific conditions warrant such a change.
E.
Replacement trees shall be ecologically compatible with the site and neighboring properties.
Invasive species shall not be allowed under any circumstances. Standards for transplanting of
trees and shrubs shall follow the guidelines found in the International Society of Arboriculture
publication"Tree and Shrub Planting Manual."
§207-8. Period that must elapse before an additional permit can be issued.
A tree removal permit shall not be issued for any property for which a tree removal permit was
issued prior to the first anniversary of the unconditional letter of completion for the work done
pursuant to such permit (see § 207-16), or in the case of a permit which does not require the
planting of replacement trees, prior to the first anniversary of the deposit into the Tree Planting
Fund that an applicant is required to make pursuant to§207-9.
§207-9. Tree Planting Fund.
A.
When an applicant is required to make a payment to the Tree Planting Fund, the amount of such
payment shall equal the product of the multiplication of the number of required replacement trees
that will not be planted on-site by$300.00.
B.
The Tree Planting Fund shall be the fund that receives (i) payments from applicants who cannot
satisfy tree replacement requirements because the approving authority determines that due to
site constraints some or all of the required number of replacement trees cannot be planted on-site
and (ii) the payment of any fine imposed by this chapter. In addition, any person or entity may
donate to the Tree Planting Fund.
C.
(1) Amounts on deposit in the Tree Planting Fund shall be used for the sole purpose of planting
and maintaining Town owned trees, shrubs, and other permanent plant materials and other
applicable landscaping projects on Town-owned property.
(2) Proposed landscaping may include trees, shrubs, and other permanent plant materials.
Planting and maintenance shall include purchase,transportation,mulching,watering,fertilizing,
trimming, fencing and associated labor. The Tree Planting Fund may be used to fund other
associated project tasks including the purchasing equipment to be used for watering plantings,
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the purchase and/or installation of irrigation systems to support plantings,design,tree inventory,
construction of tree pits,and soil amendments that enhance and promote long-term sustainability
of plantings.
(3)If feasible,the amounts on deposit in the Tree Planting Fund first should be applied to projects
located close to lots where tree removal has occurred.
§207-10. Issuance of permit with conditions.
Any tree removal permit may contain such conditions as the approving authority deems
necessary to ensure compliance with the legislative intent of this chapter. Examples of conditions
that may be imposed upon a tree removal permit include but are not limited to, the alteration of
the planting plan submitted by the applicant so that replacement trees are planted on-site in
locations other than the locations shown on such plan or the imposition of the requirement to
deposit money into the Tree Planting Fund instead of planting replacement trees on-site.
§207-11. Issuance of permit.
No tree removal permit shall be issued until the applicant pays (i) the fees required for making
the application and (ii) the amount required to be paid to the Tree Planting Fund to satisfy the
unmet portion of the tree replacement requirements.
§207-12. Suspension or revocation of permit.
A.
(1) The Building Inspector, an Assistant Building Inspector, the Engineer, any Code Enforcement
Officer, the Director of Building Code Enforcement and Land Use Administration, or the
Environmental Planner may issue a stop-work order for violations of this chapter. Persons
receiving a stop-work order shall be required to halt all land development activities,except those
activities that correct the violations that led to the stop-work order or remove a hazardous
condition. The stop-work order shall be in effect until the Town confirms that the violation has
been satisfactorily corrected. Failure to address a stop-work order in a timely manner may result
in civil or monetary penalties in accordance with the enforcement measures authorized in this
chapter.
(2)The Building Inspector, an Assistant Building Inspector,the Engineer,the Director of Building
Code Enforcement and Land Use Administration, or the Environmental Planner may suspend or
revoke a tree removal permit if the applicant has not complied with any of the material terms of
such tree removal permit, has exceeded the authority granted in the permit, or has failed to
undertake the project in the manner set forth in the Application. Such suspension or revocation
shall be accompanied by a stop-work order.
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B.
A stop-work order and/or suspension or revocation of a tree removal permit shall be delivered
personally to the applicant or the owner of the property for which such permit was issued or sent
by certified mail, addressed to the applicant at the address shown on the tree removal permit
and sent by certified mail to the owner of the property for which such permit was issued.
Immediately upon the receipt of a stop-work order if personally delivered or on the third day
following the mailing of such order, the applicant and anyone acting on the applicant's behalf
shall cease all work being undertaken pursuant to the tree removal permit.
§207-13. Term.
A tree removal permit shall be valid for two years from the date of its issuance unless a different
term is otherwise specified by the approving authority. Tree removal permits may be renewed
by the approving authority if a request for such renewal is submitted before the expiration of the
original tree removal permit or a renewed permit.Standards for issuance of renewals shall be the
same as the standards for issuing tree removal permits.
§207-14. Compliance with applicable provisions required.
No tree removal permit shall eliminate an applicant's obligation to comply in all respects with
the applicable provisions of any other federal, state or local law or regulation, including but not
limited to the securing of any other required permit or approval.
§207-15. Appeals.
A.
If an application is denied or issued with conditions by the Environmental Planner,the applicant
may appeal such determination to the Planning Board.
(1)
The appeal must be made within 30 days after the Environmental Planner shall have mailed the
determination to the applicant. The appeal must be in writing and must set forth the errors that
the applicant asserts were made by the Environmental Planner.
(2)
The Planning Board shall review the appeal at its next available scheduled meeting and shall,
based upon the standards contained herein and the facts of the matter, either (i) deny the appeal,
or(ii)grant the appeal and direct the Environmental Planner either to issue a tree removal permit
or strike one or more of the conditions attached to the permit that the Environmental Planner
issued.
(3)
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In prosecuting the appeal, the applicant shall comply with the notification requirements of
Chapter 144 of the Town Code except that the properties to which mailing notice of the appeal
shall be the properties that are one hundred linear feet from each of the lot lines and corners of
the subject property.
(4)
A tree removal permit shall be stayed pending determination of the appeal.
B.
An applicant may bring a proceeding to review a determination by the Planning Board in the
manner provided by Article 78 of the Civil Practice Law and Rules. Such proceeding must be
commenced within 30 days after the filing the Planning Board's determination in the office of the
Town Clerk.
§207-16. Action upon completion of work.
A.
Within 30 days after completion of the removal of all trees for which a tree removal permit shall
have been issued and the planting of all replacement trees, the applicant shall notify the
Environmental Planner of such completion.
B.
Within 30 days of such notification, the Environmental Planner shall conduct an inspection to
determine whether there has been compliance with all the terms of the tree removal permit. If
the Environmental Planner determines that there has been compliance and/or the required funds
have been deposited into the Tree Planting Fund, the Environmental Planner shall issue a
conditional letter of completion. If all of the replacement trees survive for one year after the
Environmental Planner issues a conditional letter of completion,the Environmental Planner shall
issue an unconditional letter of completion. If any of the replacement trees do not survive for
one year after the Environmental Planner issues a conditional letter of completion, the applicant
shall replace the replacement trees that did not survive with a like number of replacement trees
and the notification and letter of completion process stated above shall pertain to such
replacement trees.
C.
If the Environmental Planner determines that there has not been compliance with all the terms of
the tree removal permit or that not all replacement trees have been planted and/or the funds
required to have been deposited into the Tree Planting Fund have not been deposited, the
Environmental Planner shall so notify the applicant. The notification shall include a list of items
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to be corrected. If the violations listed by the Environmental Planner are not corrected within 30
days of the notification,the applicant shall pay the fine proscribed in§ 207-17B.
§207-17. Penalties for offenses.
A.
Any person who removes a regulated tree without complying with this chapter shall be guilty of
a violation within the meaning of NY Penal Law § 10.00 (3) and upon conviction, shall be
punished by the imposition of a fine of
$300.00 per tree for the removal of trees having a DBH between 6 inches and 12 inches,
$600.00 per tree for the removal of trees having a DBH greater than 12 inches but not
greater than 18 inches and
$900.00 per tree for the removal of trees having a DBH larger than 18 inches.
B.
Any person who does not comply with a notification given by the Environmental Planner
pursuant to§207-15 C. shall be guilty of a violation within the meaning of NY Penal Law§ 10.00
(3) and upon conviction, shall be punished by the imposition of a fine of $500.00 plus a fine of
$300.00 for each replacement tree that the applicant failed to plant plus double the amount of the
funds that the applicant was required to deposit into the Tree Planting Fund.
C.
Each violation of a provision of this chapter shall be a separate and distinct offense. In addition,
any offender may be ordered by the court to replant trees that were improperly removed,insofar
as that is possible. The court shall specify a reasonable time for completion of such restoration,
the sufficiency of which shall be determined by the Environmental Planner.The fines remitted to
the Town shall be deposited into the Tree Planting Fund.
D.
In addition of being liable for the fines contained in §207-17A., any person who removes a
regulated tree without having first received a tree removal permit or who does not comply with
a notification given by the Environmental Planner pursuant to§207-16C.shall be precluded from
applying for a tree removal permit for the removal of trees from the property for which the tree
removal period had been issued for the 12-month period commencing with the month that such
removal or non-compliance with a notification given by the Environmental Planner pursuant to
§207-16C. is discovered by the Town.
E.
In addition to the penalties set forth above in § 207-17, the Building Inspector shall not issue a
building permit, temporary certificate of occupancy or certificate of occupancy for any property
on which a violation of this chapter occurred until such violation is cured.
13 I Page
Page 80 of 124
§207-18. Phase-in of this chapter.
This chapter shall apply to lots having an area of 7,501 square feet or more on the ninetieth day
after this local law is filed with the Secretary of State.
This chapter shall apply to lots having an area of 7,500 square feet or less,on the first anniversary
of the date when this chapter became effective with respect to lots having an area of 7,501 square
feet or more.
Section 3-Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4-Effective Date:
This Local Law shall become effective on the ninetieth day after this law is filed with the Secretary
of State.
2023-9-22-LL-for public hearing
141 Page
Page 81 of 124
PUBLIC HEARING NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of
New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on October
18, 2023, was adjourned until November 1, 2023, at 8:00 PM or as soon thereafter as is
possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider:
"Town of Mamaroneck Tree Law".
Purpose:
The Town Board finds and declares that the preservation of trees, as defined herein, within
the Town is necessary to protect the health, safety and general welfare of the Town because
trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess
runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural
habitat for wildlife, provide screening, enhance property values and add to the aesthetic
quality of the community. However, the Town Board also recognizes that property owners
have the right to develop, use and enjoy their properties and that sometimes trees must be
removed in order for property owners to be able to achieve full enjoyment of their property.
This law strikes a balance between the rights of property owners and the maintenance of trees
within the Town.
You may also view the meeting on local municipal access television (Cablevision 75, 76,
77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office
at 914-381-7870,for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Page 82 of 124
Local Law No. - 2023
This local law shall be known as the "Local Law Authorizing a Property Tax Levy in
Excess of the Limit Established in General Municipal Law §3-c" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 — Purpose:
It is the intent of this local law to allow the Town of Mamaroneck to adopt a budget for
the fiscal year commencing January 1 , 2024, that requires a real property tax levy in
excess of the "tax levy limit" as defined by General Municipal Law § 3-c.
Section 2 —Authority:
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government's governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3 - Tax Levy Limit Override:
The Town Board of the Town of Mamaroneck, County of Westchester, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2024, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4 — Severability:
If a court determines that any clause, sentence, paragraph, subdivision, or part of this
local law or the application thereof to any person, firm or corporation, or circumstance is
invalid or unconstitutional, the court's order or judgment shall not affect, impair, or
invalidate the remainder of this local law, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this local law or in its application to
the person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5 - Effective Date:
This local law shall take effect immediately upon filing with the Secretary of State.
Page 83 of 124
PUBLIC HEARING NOTICE
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of
New York, and pursuant to a resolution of the Mamaroneck Town Board adopted on October
18, 2023, was adjourned until November 1, 2023, at 8:00 PM or as soon thereafter as is
possible at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York to consider:
"Town of Mamaroneck Tree Law".
Purpose:
The Town Board finds and declares that the preservation of trees, as defined herein, within
the Town is necessary to protect the health, safety and general welfare of the Town because
trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess
runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural
habitat for wildlife, provide screening, enhance property values and add to the aesthetic
quality of the community. However, the Town Board also recognizes that property owners
have the right to develop, use and enjoy their properties and that sometimes trees must be
removed in order for property owners to be able to achieve full enjoyment of their property.
This law strikes a balance between the rights of property owners and the maintenance of trees
within the Town.
You may also view the meeting on local municipal access television (Cablevision 75, 76,
77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's Office
at 914-381-7870,for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Page 84 of 124
o
ul `" m Town of Mamaroneck
Town Center
FOUNDED 1661 i 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Fire Claims
Date: October 25, 2023
Action Requested:
Resolved that the Board of Fire Commissioners hereby approves the attached list of fire
claims.
Page 85 of 124
u_rt1;' 'rn Town of Mamaroneck
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: October 25, 2023
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: Fire Claims
General:
Attached is the list of fire claims for approval.
Attachment/s:
Fire Claims Nov 1
Page 86 of 124
Town of Mamaroneck
From: Tracy Yogman - Town Comptroller
Re: Fire Claims
Date: November 01, 2023
The following Town of Mamaroneck Fire Department claims have been certified by Chief Thomas Broderick and submitted to the
Comptroller's Office for payment:
VENDOR DESCRIPTION Amount
AM Emergency Supply Co., Inc. Bailout Truck Rental for Annual Recertification $ 1,000.00
Helmet fronts, Denver hose straps,Scott parts&repair,Hydrotest&
AM Emergency Supply Co., Inc. refill,extinguisher inspection &recharge,Scott repairs 1,130.02
Repair of Stream Light,service call -Air compressor 2/15, 2/22,
AM Emergency Supply Co., Inc. 3/09, Inspection &Service to equipment 1,530.00
Amazon.Com Halloween decoration,American flag, planner, Iphone charger 427.86
Emergency Responder Products Garment alterations, Wool Class A uniform pants 303.00
Fire-End &Croker Corp. Turnout Coat&Pants 790.14
Fire-End &Croker Corp. Boots,jacket, pants 578.00
4lmprint Various size T shirts for Volunteers 438.00
Grainger Fire hose adapter 19.58
K.R.B. Inc. Outlets&spray paint 64.88
Sound Shore Pest Control Exterminating Services 9/29/23 70.00
Town of Mam'k PFFA FF Life Insurance July-September 2023 730.98
Town of Mam'k Fire Dept. Food for Engine CO-Ops Attack Lines training 9/19/23 52.66
UniFirst Corporation Cleaning supplies 10/13, 10/20/23 306.34
Villa Maria Pizza Food for 9/29/29 Storm 127.94
Villa Maria Pizza Food for OSHA Day 2023 10/01/2023 54.19
Village Pizza &Pasta Food for Fast Response-Ground Ladders training 9/27/23 56.85
Village Pizza &Pasta Food for Responding to Gas Emergencies&Elevator Rescue 9/6/23 76.80
Waterway Inc. NFPA Annual Pump Testing 690.00
Waterway Inc. Hose&Ground Ladder Testing, Heat Sensors replacement, labels 5,340.65
Total $ 13,787.89
Page 87 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Jill Fisher, Superintendant of Recreation
Re: Senior Services Food Service Provider
Date: October 23, 2023
Attached is a memo from the Superintendent of Recreation, Jill Fisher, regarding the proposed change
to a new caterer/food service provider for congregate meals at the Senior Center and home delivered
meals. The current vendor, Horizon Food Service Corporation, has decided to end their contract with
the Mamaroneck Nutrition Program, effective October 1st. Hubbard's Cupboard, a previous vendor,
has offered to provide these services at a rate of$9.00 per meal, effective October 16th.
Action Requested:
Resolved that the Town Board hereby approves Hubbard's Cupboard as the new vendor
for providing food services for congregate meals at the Senior Center and home delivered
meals for one year, with the option to renew a second year, at the contracted rate of
$9.00/meal and hereby authorizes the Town Administrator to execute the agreement and
any related documents necessary to carry out its implementation.
Page 88 of 124
v
u_r "v t; rn Town of Mamaroneck
Recreation Department, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
Jfisher@townofmamaroneckNY.org
Date: October 12, 2023
To: Meredith Robson, Town Administrator
From: Jill Fisher, Superintendant of Recreation
Subject: Senior Services Food Service Provider
General:
The Contractual Agreement TA-18-05 with Horizon Food Service Corporation for providing food
services for congregate meals at the Senior Center and home delivered meals expired on December
31, 2021. An extension to this contract was granted for an additional three years until December 31,
2024, with a current meal rate of$8.85.
We were advised on September 5, 2023, by Horizon Foods and Westchester County that Horizon
Food Service Corporation has decided to end their contract with the Mamaroneck Nutrition Program,
effective October 1st. Therefore, we must immediately change to a new approved caterer/food service
provider for these services under our Westchester County Contract for funding. Food Horizons has
agreed to continue their services through October 13th.
We contacted Hubbard's Cupboard who we have used in prior years and is an approved Caterer
through Westchester County Department of Senior Programs and Services. They have offered to
provide these services effective October 16th. There would be no lapse in service or meal deliveries
during this transition. We previously contracted with them from 2016- 2018.
Accompanied with their proposal is a copy of the Westchester County Caterer's Agreement that is a
requirement for using his services. Hubbard's Cupboard would provide meals for the Senior Center
congregate meals, senior special events and the meals for home delivery for the fee of$9.00/meal for
the period of two years.
It is my recommendation that we enter into a one-year agreement with Hubbard's Cupboard with the
option to renew it for a second year at the contracted rate of$9.00/meal.
Page 89 of 124
7.
. 7
ul 1 rri Town of Mamaroneck
in
# x Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Tracy Yogman, Town Comptroller
Re: 2023 Capital Budget Amendments
Date: October 24, 2023
Attached please fund a memo from Tracy Yogman, Town Comptroller regarding 2023 Capital
Budget Amendments needed.
Action Requested:
Resolved that the Town Board hereby authorizes the Comptroller to make the necessary
budget amendments, as presented.
Page 90 of 124
u_r "v t; rn Town of Mamaroneck
rl
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: October 24, 2023
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2023 Capital Budget Amendments
General:
General:
In compliance with the Budget Policy, the following 2023 budget amendments are recommended for
approval:
1.Town Center Improvements- LMC Space (H1690)
The capital plan includes $225k contribution for the renovation of the space that had been leased by
LMC media before they relocated earlier this year. This budget amendment is recommended to
eliminate the Town's share of the renovation costs. If and when a renovation is done, a new budget
amendment will be submitted to reflect the Town's share if any. A budget amendment is
recommended below.
2. Gardens Lake (H8592)
A budget amendment is recommended below to correct a transfer between funds based on the final
reimbursements from FEMA.
3. Brine (H5142)
Additional funding is required to complete the brine system installation. A budget amendment is
recommended below to complete the funding.
4. Drainage Study(H5135)
A budget amendment is needed to increase the County funding received for the drainage study and
decrease the funding provided by the Highway Fund.
5. WJWW Garage (H1393)
Westchester Joint Water Works (WJWW) has indicated that that the Town is due a refund for this
project as our portion was incorrectly calculated. As a result, a budget amendment is recommended
below to reduce the capital budget and return funds to the Water District.
Page 91 of 124
6. Purchase Booster Pump Station (H1387)
Westchester Joint Water Works (WJWW) has indicated that that the Town is due a refund for this
project as our portion was incorrectly calculated. As a result, a budget amendment is recommended
below to reduce the capital budget and return funds to the Water District.
7. Munis Software Implementation (H1689)
Additional time is needed to assist the Highway employees for the implementation of the enterprise
management system for work orders. a budget recommendation is recommended below to complete
the project. The new work order system is scheduled to go live in April 2024.
8. Waverly Ave Water Main (H1400)
The new bridge replacement necessitates the replacement of the existing WJWW water main across
the Sheldrake River bridge span. This is a joint project as it is a transmission main replacement. The
Town's18.3% share of the project is $64k. A budget amendment is recommended below to fund the
project from the contingency budget in the Water District.
Attachment/s:
2023 CAPITAL BUDGET AMENDMENTS -Nov 1, 2023
Page 92 of 124
2023 CAPITAL BUDGET AMENDMENTS-NOVEMBER 1,2023
CAPITAL FUND (FUND H): Amount
1 Revenue H1690-5090 Transfers from BOC Decrease (225,175.00)
Expense H1690-0400 LMC Renovations- Town Center Decrease (225,175.00)
2 Revenue H8592-9940 Gardens Lake- Tx to DB Decrease (3,610.00)
Revenue H8592-9901 Gardens Lake- Tx to A Increase 3,610.00
3 Revenue H5142-5033 Transfer from DB Increase 573.62
Expense H5142-0400 Brine System Increase 573.62
4 Revenue H5135-2706 County funding Increase 116,500.00
Expense H5135-0400 Drainage Study Increase 300.00
Revenue H5135-5033 Transfer from DB Decrease (116,200.00)
5 Revenue H1393-5038 Transfer from SW Decrease (24,258.12)
Expense H1393-0400 WJWW Garage repairs Decrease (24,259.00)
Revenue H1393-5995 Appropriated Fund Bal Decrease (0.88)
Revenue H1392-5038 Transfer from SW Decrease (0.44)
Expense H1392-0400 Lakeside Decrease (0.44)
Expense H1393-9904 Transfer to SW Increase 10,215.39
Expense H1393-0400 WJWW Garage Project Decrease (10,215.39)
6 Expense H1387-0400 Purchase Booster Decrease (30,999.90)
Revenue H1387-5038 Transfer from SW Decrease (30,999.90)
Expense H1387-9904 Transfer to SW Increase 21,313.84
Expense H1387-0400 Purchase Booster Decrease (21,313.84)
7 Revenue H1689-5032 Transfer from Part Town Increase 11,736.00
Expense H1689-0400 Munis Software Increase 11,736.00
8 Expense H1400-400 Waverly Ave Water Main Increase 64,050.00
Revenue H1400-5038 Transfer from Water Increase 64,050.00
Page 93 of 124
PART TOWN FUND (FUND B)
7 Expense B9900-9950 Transfer to Capital Increase 11,736.00
Revenue B9999-5995 Appropriated Fund Balance Increase 11,736.00
HIGHWAY FUND (FUND DB)
2 Revenue DB9900-5040 Transfer from Capital Decrease (3,610.00)
Revenue DB9999-5995 Appropriated Fund Balance Increase 3,610.00
3 Expense DB9900-9950 Transfer to Capital Increase 573.62
Revenue DB9999-5995 Appropriated Fund Balance Increase 573.62
4 Revenue DB9999-5995 Appropriated Fund Balance Increase 116,200.00
Expense DB9900-9950 Transfer to Capital Decrease (116,200.00)
WATER FUND (FUND SW)
5 Expense SW9900-9950 Transfer to Capital-H1393 Decrease (24,258.12)
Expense SW9900-9950 Transfer to Capital-H1392 Decrease (0.44)
Revenue SW9900-5040 Transfer from H-H1393 Increase 10,215.39
Revenue SW9999-5995 Appropriated Fund Balance Decrease (34,473.95)
6 Expense SW9900-9950 Transfer to Capital-H1387 Decrease (30,999.90)
Revenue SW9900-9950 Transfer from H-H1387 Increase 21,313.84
Revenue SW9999-5995 Appropriated Fund Balance Decrease (52,313.74)
8 Expense SW9900-9950 Transfer to Capital-H1400 Increase 64,050.00
Expense SW8340-4050 Contingency Decrease (64,050.00)
Page 94 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: 2023 Operating Budget Amendments
Date: November 1, 2023
Attached please find a memo from Tracy Yogman, Town Comptroller regarding 2023 Operating
Budget Amendments needed.
Action Requested:
Resolved that the Town Board hereby authorizes the Comptroller to make the necessary
budget amendments, as presented.
Page 95 of 124
u_rt1;' 'rn Town of Mamaroneck
Comptroller, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
tyogman@townofmamaroneckNY.org
Date: November 1, 2023
To: Meredith Robson, Town Administrator
From: Tracy Yogman, Town Comptroller
Subject: 2023 Operating Budget Amendments
General:
In compliance with the Budget Policy the following 2023 budget amendments are recommended for
approval as they increase appropriations to close the year end.
1. Fire District
Various budget lines in the Fire District require adjustment to reflect projected expenses through
year end. Salaries require funding as the 023 budget anticipated retirements that were delayed,
overtime continues and healthcare workers bonuses funded by the State. A budget amendment to fund
from savings and revenue is recommended below.
2. Police
Funding for regular overtime and special duty is needed through year end. Special Duty is
funded through reimbursement typically from utility companies. A budget amendment is
recommended below for the overtime through year end.
3. Legal Expenses
Funding is needed for legal expenses for expenses through October. A budget amendment is
recommended below.
Attachment/s:
2023 OPERATING BUDGET AMENDMENTS -Nov 1, 2023
Page 96 of 124
2023 OPERATING BUDGET AMENDMENTS-NOVEMBER 1,2023
General Fund Amount
1 Expense SF3410-1010 Salaries-Fire Increase $ 112,885
Expense SF3410-4059 Liability Insurance Increase 21,173
Expense SF3410-1015 Overtime Increase 88,000
Expense SF3410-4050 Contingency Decrease (50,000)
Expense SF3410-4052 Tax Certioraris Decrease (20,000)
Expense SF9000-9087 207A Retiree Reimb Decrease (72,700)
Revenue SF3410-3089 State Aid- Healthcare workers Increase 45,213
Revenue SF9999-5995 Appropriated fund balance Increase 34,145
2 Expense B3120-1010 Salaries-Police Decrease $ (99,000)
Expense B3120-1015 Overtime Increase 99,000
Expense B3120-1029 Overtime-Special Duty Increase 125,000
Revenue B3120-1529 Special Duty Reimb Increase 125,000
3 Expense A1420-4114 Legal expenses Increase 45,000
Expense A1900-1950 Taxes on Town Property Decrease (18,000)
Expense A1900-1930 Tax Certioraris Decrease (27,000)
Page 97 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Salary Authorization - Recreation Department
Date: October 27, 2023
Attached is a memo from Deputy Town Administrator, Connie Green O'Donnell, regarding the salary
authorization for Sharon Burke. Ms. Burke would receive an annual salary of $59,754, effective no
later than November 10, 2023.
Action Requested:
Resolved that the Town Board hereby approves the appointment of Sharon Burke to the
position of Recreation Assistant at an annual salary of$59,754, effective no later than
November 10,2023.
Page 98 of 124
u_rt1;' 'rn Town of Mamaroneck
Administrator, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
cgreenodonnell@townofm am aroneckNY.org
Date: October 26, 2023
To: Meredith Robson, Town Administrator
From: Connie Green O'Donnell, Deputy Town Administrator
Subject: Salary Authorization - Recreation Department
General:
Authorization is requested to appoint Sharon Burke to the position of Recreation Assistant at an
annual salary of$59,754, effective no later than November 10. The current Recreation Assistant will
be retiring in January and the Director will be on a leave of absence for up to three months. This
position will replace the employee who will be retiring. If appointed, Ms. Burke would be required to
serve a fifty-two (52)week probationary period.
After interviewing candidates,Ms. Burke was selected based upon her prior work
experience at a municipal senior center. Prior to that she was a freelance researcher and reporter.
As a Recreation Assistant her duties would consist of assisting with maintaining and nutrition
programs and grants associated Senior Center services, peer place data entry, taking meal
reservations, generating monthly and annual reports and monthly bills. In addition, she would assist
with the transportation services that are offered, implement daily senior programming, events and
trips that meet the needs, interests and abilities of seniors.
According to Jill Fisher, Superintendent of Recreation, Ms. Burke's prior experience including
assisting with the Rye Brook Senior Center set her apart from other applicants. She was well loved by
the staff and the seniors during her tenure there.
Ms. Burke is a well-respected member of her community who serves on several boards and
committees and comes with a vast amount of experience working with a variety of interest groups.
Ms. Burke's references confirmed her background and praised her high level of professionalism.
She has the combination of skills and knowledge required along with the personality that are needed
for this position. We are confident that she will complement the existing staff well at the Senior
Center.
Page 99 of 124
m Town of Mamaroneck
X Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck,NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Salary Authorization - Highway Depaittuent
Date: October 27, 2023
Attached is a memo from Deputy Town Administrator, Connie Green O'Donnell, regarding the salary
authorization for Joseph Alimena. Ms. Alimena would receive an annual salary of$79,740, effective
November 12, 2023.
Action Requested:
Resolved that the Town Board hereby approves the appointment of Joseph Alimena to
the position of Motor Equipment Operator (MEO) 11 at an annual salary of $79,740,
effective November 12,2023.
Page 100 of 124
u_r "v t; rn Town of Mamaroneck
Administrator, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
cgreenodonnell@townofmamaroneckNY.org
Date: October 27, 2023
To: Meredith Robson, Town Administrator
From: Connie Green O'Donnell, Deputy Town Administrator
Subject: Salary Authorization - Highway Depailiuent
General:
Authorization is requested to appoint Joseph Alimena to the full-time position of Motor Equipment
Operator (MEO) II in the Highway Department effective November 12, 2023, at an annual salary of
$79,740. This position is vacant due to a resignation earlier this year. The position is reflected in the
2023 budget.
Mr. Alimena was hired as a Motor Equipment Operator I in January 2017. Prior to that he was
employed with the New York State Department of Transportation as a highway maintenance worker.
In his current position, Mr. Alimena has gained experience working with heavy automotive
equipment and has developed a thorough knowledge of the operation of equipment and safety
standards. He has proven to be a dedicated and conscientious employee always willing to assist
others and executes assignments in an efficient and timely manner.
Based on Mr. Alimena's work performance, willingness to learn new tasks and ability to work well
with co-workers, John Barreto, General Foreman of the Highway Department is recommending that
he be appointed to the position of MEO II.
Page 101 of 124
7.
ul 1 rri Town of Mamaroneck
in
# x Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
Re: Designation of Town as Lead Agency
Date: October 27, 2023
Attached is a memo from Town Attorney, Bill Maker, regarding this action item. His recommended
resolution is shown below.
Action Requested:
Resolved that the Town Board of the Town of Mamaroneck shall serve as the lead agency
pursuant to SEQRA in connection with the amendment to Chapter 207 of the Code of the
Town of Mamaroneck entitled"Trees".
Page 102 of 124
u_r "v t; rn Town of Mamaroneck
Town Attorney, Town Center
oINDED 1661 740 West Boston Post Road,Mamaroneck,NY 10543-3353
INTERDEPARTMENT MEMORANDUM TEL: (914) 381-7810
FAX: (914) 381-7809
wmakerjr@townofmamaroneckNY.org
Date: October 27, 2023
To: Meredith Robson, Town Administrator
From: William Maker Jr., Town Attorney
CC: Allison MayTown Clerk
Subject: Designation of Town as Lead Agency
General:
On the agenda is an Environmental Assessment Form prepared pursuant to the SEQRA. Since the
Town Board is the only agency involved with amending the Tree Law, the first step is for the Board
to pass the following resolution:
Attachment/s:
seafpartone
Short Environmental Assessment Form Attachments
Page 103 of 124
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
Name of Action or Project:
Adoption of a replacement to the Town of Mamaroneck Tree Law,Chapter 207 of the Code of the Town of Mamaroneck
Project Location(describe,and attach a location map):
The Unincorporated Town of Mamaroneck,Westchester County,NY
Brief Description of Proposed Action:
The Town of Mamaroneck Town Board is repealing the existing Town of Mamaroneck Tree Law and replacing it with a new Tree Law that applies to
properties located throughout the Unincorporated Town of Mamaroneck. This new law strikes a balance between the rights of property owners and the
maintenance of trees within the Town by requiring the replacement of all trees that are removed. In addition it regulates all properties within the
unincorporated Town of Mamaroneck where the previous law only applied to 20%of the parcels within the Town.
Name of Applicant or Sponsor: Telephone: 914-381-7810
Town of Mamaroneck Town Board E-Mail: Supervisior@townofmamaroneckny.org
Address:
740 W.Boston Post Road
City/PO: State: Zip Code:
Mamaroneck NY 10543
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ ❑✓
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑✓ ❑
3. a.Total acreage of the site of the proposed action? See Attached acres
b.Total acreage to be physically disturbed? unknown acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? NA acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
❑Urban ❑ Rural(non-agriculture) ❑ Industrial Commercial m Residential(suburban)
❑Forest ❑ Agriculture ❑ Aquatic Other(Specify): Institutional&recreational
Parkland
Page 1 of 3 SW019 04 of 124
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ ❑ ❑✓
b. Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ ❑✓
7. Is the site of the proposed action located in, or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: ❑✓ ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑
b. Are public transportation services available at or near the site of the proposed action? ❑ ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
NA ❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
❑✓ ❑
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
❑✓ ❑
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the El ❑
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑✓
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? ❑
El
b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ✓❑ ❑
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3 Page 105 of 124
14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply:
Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
Wetland ❑ Urban Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered? ❑ ❑
16. Is the project site located in the 100-year flood plan? NO YES
❑ ❑✓
17. Will the proposed action create storm water discharge,either from point or non-point sources'? NO YES
If Yes, ❑✓ ❑
a. Will storm water discharges flow to adjacent properties? ❑ ❑
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ n
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment: ❑ ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe: ❑ ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe: ❑ ❑
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Town Board of the Town of Mamaroneck Date:
Signature: Title:
PRINT FORM Page 3 of 3
Page 106 of 124
Short Environmental Assessment Form -Attachment 1
Map of the Project Location:
Scarsdale
Boundary of the Unincorporated Town of Mamaroneck
N
fir:'.
Mamaroneck
Shore ACIF
-'.
Orients
Larchmont
Huguenot i`''
Perk
12:-'0 !
New 3;3 1ilor414
Rochelle
Homestead
Park
� V
Residence
Park
County of Westchester,Esri,HERE,Garmui,SafeGraph,GeoTechnologies,Inc.
0 0.35 0.7 1.4 Miles METI/NASA,USGS,EPA,NPS,USG,.
l l l l l l I
Page 107 of 124
Short Environmental Assessment Form -Attachment 2
Intent of the Proposed Action:
The Town Board finds and declares that the preservation of trees, as defined herein, within the Town is
necessary to protect the health, safety and general welfare of the Town because trees provide shade,
impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, enhance air
quality, offer a natural barrier to noise, provide a natural habitat for wildlife, provide screening, enhance
property values and add to the aesthetic quality of the community. However,the Town Board also
recognizes that property owners have the right to develop, use and enjoy their properties and that
sometimes trees must be removed in order for property owners to be able to achieve full enjoyment of
their property.This law strikes a balance between the rights of property owners and the maintenance of
trees within the Town.
Page 108 of 124
1
ul 1 rri Town of Mamaroneck
in
# x Town Center
FOUNDED 1661 740 West Boston Post Road, Mamaroneck, NY 10543-3353
OFFICE OF THE TOWN ADMINISTRATOR TEL: (914) 381-7810
FAX: (914) 381-7809
mrobson@townofmamaroneckNY.org
To: Supervisor and Town Board
From: Meredith S. Robson, Town Administrator
CC: Allison May, Town Clerk
Re: Report of Minutes of October 4, 2023
Date: October 26, 2023
Action Requested:
Resolved that the Town Board hereby approves the minutes of October 4, 2023.
Attachment/s:
2023-10-04 Final Minutes
Page 109 of 124
Town of Mamaroneck
447
.; Town Board Minutes
o ,f_ } z Wednesday, October 4,2023, Courtroom, Second Floor of
z ` 4' 7-,
1 Town Center 5:00 PM
FOUNDED 1661
PRESENT: Jaine Elkind Eney, Town Supervisor
Abby Katz, Councilwoman
Sabrina Fiddelman, Councilwoman
Jeffery L. King, Councilman
Robin Nichinsky, Councilwoman
ABSENT:
ALSO PRESENT: Allison May, Town Clerk
Meredith S. Robson, Town Administrator
Connie Green O'Donnell, Deputy Town Administrator
William Maker Jr., Town Attorney
Tracy Yogman, Town Comptroller
Attila Papp, Technical Support Specialist
5:00 PM THE TOWN BOARD WORK SESSION
CALL TO ORDER
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the meeting
opened at 4:59 pm.
WORK SESSION ITEMS
1. OUT OF ORDER- Discussion -- Proposed 2023 Water Rate Increase
Mr. David Birdsall, Business Director of Westchester Joint Water Works (WJWW),
proposed a water rate increase to the Town of Mamaroneck Board. The Town Board
asked Mr. Birdsall to provide the rate WJWW is charging both nonmember and
member communities, as well as the rate of increase that WJWW is charging the
Town of Mamaroneck, inclusive of our debt service and operational expenses. Mr.
Birdsall responded that would be approximately a twelve percent increase. Supervisor
Elkind Eney asked what the increase would be if the Town of Mamaroneck were just
to cover the costs and not include any surplus. Mr. Birdsall estimated that including
costs, but no surplus would equate to a ten to twelve percent increase. Comptroller
Yogman agreed to compute the exact number of that increase for the Town Board to
review at a subsequent meeting.
The Board requested that Mr. Birdsall clarify the cost that WJWW charges outside
districts and wholesalers as well. Mr. Birdsall stated that the wholesale rate is a
combination of operating cost and debt service. As wholesalers have no meter
reading, the metering fees and several other line items are taken out, but everything
else is included in the wholesale rate. Wholesale rates will probably increase ten to
twelve percent, Mr. Birdsall said. Mr. Birdsall then added that there is a lag in the
increase to wholesalers because of debt service. Therefore, it takes a bit more time
before an increase is fully reflected in the rates that wholesalers pay. Mr. Birdsall
confirmed that wholesalers share in litigation costs, as part of the project.
Page 110 of 124
Town Board
October 4, 2023
Note: Councilman Jeffery King joined the Work Session at 5:10 pm.
Mr. Birdsall went on to explain that the rate to WJWW's retail properties, which
include seventy or so properties in New Rochelle and Rye, are based on the same
rate as that of their adjacent municipality.
Councilman King voiced his concern about forecasted project costs from WJWW. It
seems that estimates are not very sound and suggested that the procurement of
equipment pricing could possibly be locked in ahead of time. Mr. Birdsall responded
that WJWW's projects are bid out. Mr. Birdsall added that the supply of certain
chemicals is an issue, for example fluoride is hard to get and the source and quality is
important so they cannot just purchase fluoride based on price. Lastly, Mr. Birdsall
pointed out that WJWW's equipment is purchased off of New York State contracts.
See Attachment A.
2. Discussion -Authorization of Consultant Selection Town Comprehensive
Drainage Evaluation
Town Supervisor Elkind Eney announced that the Town can award the bid tonight.
The Town has been waiting for grant money to be approved by the County and that
grant funding has now been approved. The funds will be distributed over two years,
with the Town receiving $150,000 each year. The contract will be signed by County
Executive Latimer very soon, so the Board can go ahead and authorize the consultant
selection this evening.
See Attachment B.
3. Discussion -Q3 2023 Operating Budget Amendments
Town Comptroller Tracy Yogman reported that the Munis Finance system is up and
running. Munis is working well. The Town Board congratulated her.
4. Discussion -Q3 2023 Capital Budget Amendments
The Town Board briefly noted the Capital Budget Amendments.
5. Request for Executive Session
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, the
Town Board agreed to enter into Executive Session to discuss the collective
bargaining negotiations involving a union.
Carried
Moved by Councilwoman Fiddelman, seconded by Councilman King, the Town
Board unanimously agreed to resume the Work Session.
Carried
6. Updates
The Town Board discussed the upcoming Public Hearing for the Tree Law.
Councilwoman Nichinsky noted that she would request that the Planning Board
review the proposed Tree Code at their meeting later this week.
Councilwoman Fiddelman raised the question of the Hommocks field closures on
Wednesdays and requested the data from the Recreation Department. Supervisor
Elkind Eney noted that the Hommocks Fields are different from other fields because
they are sand based, but confirmed she would request the information from
Recreation.
Page 111 of 124
Town Board
October 4, 2023
Councilwoman Katz asked about the possibility of stanchions being installed in the
southbound lanes at the intersection of Myrtle Boulevard and North Chatsworth
Avenue, to ensure that the traffic in the right lane makes a right onto North
Chatsworth Avenue. Councilwoman Katz asked about installing more signage on
southbound Myrtle to ensure that drivers in the left lane know they can only go left
(onto Vine Street or North Chatsworth) and not continue straight on Myrtle.
Councilman King requested that the Town Board address recreation scholarships at
Hommocks Rink and Pool. Last time Councilman King brought up the possibility of
recreation scholarships, the Town was going to look into the legality of offering the
proposed scholarships. Councilman King pointed out that two years have passed
since he first raised the issue, so he respectfully requested that it be addressed in
time for this year's Fall/Winter Recreation period.
7. Changes to Regular Meeting Agenda
The Town Board added a Certiorari to the Affairs of the Town#4 and removed the
WJWW Presentation from the agenda of the Regular Meeting.
8:00 PM TOWN BOARD REGULAR MEETING
The Town Board meeting convened in the Courtroom Located on the second floor at the
Town Center. The Public was to view the meeting on cable access television (Optimum 76/
Fios 35) or on LMCMedia.org
CALL TO ORDER
The Regular Meeting of the Town Board was called to order by Supervisor Elkind Eney at
8:03 p.m. The Town Board met for a Work Session beginning at five o'clock this evening.
Supervisor Elkind Eney added that the meeting would be proceeding out of order, as
Catherine Parker, our County Legislator, was in attendance for a brief presentation.
SPECIAL PRESENTATION -Catherine Parker,Westchester County Legislator
Town Supervisor Elkind Eney stated that with us tonight is County Legislator Catherine
Parker. Last year, she said, after one of the many storms, I was sitting with the Town
Administrator and the Town Engineer discussing how to decrease the effects of flooding in
the Town and I asked them to dream big. I asked them, what do you think we need to do to
alleviate the situation? He said he would like to do a comprehensive study of our storm water
sewer system. He said he was concerned that if we do it piecemeal, and we remedy one
area, that we might cause unintended consequences to another.
The comprehensive evaluation would provide the Town with updated record maps for our
storm sewer network, identify current defects, and provide recommendations for construction
projects that will reduce the occurrence and severity of flooding. But, Engineer Wasp said,
such a study would cost over$300,000, and no one has ever given us money to study a
problem. They only give us money to solve a problem when the study is complete, and we
have a shovel ready project.
So, right there in my office, I called Catherine Parker and she said, why not! Here we are
today because on Monday night the County Board of Legislature approved the $300,000 in
funding. And, and we plan to award the bid tonight for the study. This is a huge first step in
alleviating the repeat occurrence of flooding events in our Town! We really owe it all to
Catherine. I called her and she took care of the rest. She dreamed big with us, so I thought
she should attend tonight to take her victory lap.
Page 112 of 124
Town Board
October 4,2023
The Honorable Catherine Parker, County Legislator, and strong supporter of the
comprehensive study of the Town's storm water system, praised the Town for its ability to
pivot so quickly and to see that with climate change, certain areas of the Town were
experiencing flooding like never before. Legislator Parker announced that the grant funding
for the comprehensive study of the Town's storm water system was approved by the County
Legislature on Monday night. Legislator Parker highlighted that this grant will be an important
step to help solve many of the flooding problems in the Town.
Legislator Parker commended Supervisor Elkind Eney and Town Administrator Robson, for
having the forethought to call on the funding. Legislator Parker pointed out that there was a
lot to the application for funding and a lot of paperwork developed. The grant application was
a lengthy process, which culminated in the vote on Monday night. Legislator Parker pointed
out the grant was timely.As evidenced by last Friday's storm unnamed storm, she pointed
out how climate change is increasing the frequency and severity of these storms.
Ms. Parker applauded County Executive George Latimer for his support and foresight as
well.With his administration, Ms. Parker stated, the County Legislature passed bond acts for
over six million dollars for flood mitigation. Legislator Parker gave a shout out to Emily
Saltzman who lives here in the Town and works for County Executive Latimer. Ms. Saltzman
was instrumental in helping move this grant along and both she and County Executive
Latimer both deserve to be here at the podium.
Legislator Parker is hopeful there will be a part two, as she and County Executive Latimer
recently visited the area at Murray Avenue near Colonial. The County is hoping to use the
Town data and incorporate it into the work the County is doing on Westchester County-
owned roads in the Town.As a Regional Government, Ms. Parker noted that the
Westchester County Legislature is perfectly poised to work with the Town all the other local
communities to tackle this challenge facing all of us on the Sound Shore.
SUPERVISOR'S REPORT
Tonight, the Town Supervisor stated we have a public hearing on the proposed amendment
to the Town of Mamaroneck Tree Law. The current tree law applies only to lots of greater
than 20,000 square feet, which is about twenty percent of the lots in our Town. It does not
provide any limit whatsoever on the number of trees taken down. There is no regulation for
lots under 20,000 square feet. Also, for properties over 20,000 feet, the current law does not
provide any limit to the number of trees allowed to be taken down, nor does it require any
trees being taken down to be replaced.
The proposed law, when fully phased in, would apply to all lots in the Town. Further, it
provides limits on the number of trees that can be taken down in a 2-year period, with the
permit lasting for a year followed by a one-year hiatus. With this new law, the number of
trees allowed to be removed depends upon the size of the lot and requires replanting of
trees depending upon the size of the tree taken down, neither of which is addressed by the
current law.
Supervisor Elkind Eney requested that Attorney Bill Maker describe the proposed law more
fully, but asked first if the Town Board could open the Public Hearing.
Will add in once received.
Page 113 of 124
Town Board
October 4, 2023
PUBLIC HEARING{-S}
The following Notice of Public Hearing is entered into the record as follows:
1. Notice of Public Hearing -Town of Mamaroneck Tree Law
The following notice of Public Hearing is entered into the record as follows:
NOTICE OF PUBLIC HEARING
LEGAL NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of
the State of New York, a Public Hearing will be held on Wednesday, October 4, 2023,
at 8:00 PM or as soon thereafter as is possible, to consider the "Town of Mamaroneck
Tree Law", at the Town Center, 740 W. Boston Post Road, Mamaroneck, New York.
Purpose:
The Town Board finds and declares that the preservation of trees, as defined herein,
within the Town is necessary to protect the health, safety and general welfare of the
Town because trees provide shade, impede soil erosion, aid water absorption and
retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier
to noise, provide a natural habitat for wildlife, provide screening, enhance property
values and add to the aesthetic quality of the community. However, the Town Board
also recognizes that property owners have the right to develop, use and enjoy their
properties and that sometimes trees must be removed in order for property owners to
be able to achieve full enjoyment of their property. This law strikes a balance between
the rights of property owners and the maintenance of trees within the Town.
You may also view the meeting on local municipal access television (Cablevision 75,
76, 77 or Verizon 34, 35, 36) or on LMC Media's website, https://lmcmedia.org/.
The full text of this document can be viewed on the Town's website,
https://www.townofmamaroneckny.org/calendar.aspx, or by calling the Town Clerk's
Office at 914-381-7870, for a mailed copy.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
Published: September 27, 2023
Moved by Councilwoman Fiddelman, seconded by Councilman King, the Public
Hearing was unanimously opened.
Carried
Tonight, the Town Supervisor stated, we have a public hearing on the proposed
endment to the Town of Mamaroneck Tree I o y Then ent tree law o plies only
to lots of greater than 20,000 square feet, which is about twenty percent of the lots in
our Town. It does not provide any limit whatsoever on the number of trees taken
down. There is no regulation for lots under 20,000 square feet.Also, for properties
over 20,000 feet, the current law does not provide any limit to the number of trees
allowed to be taken down, nor docs it requirc any trccs being taken down to be
replaced.
The proposed law,when fully phased in,would apply to all lots in the Town. Further, it
yides limits on then mber of trees that c n he taken down i a 2 od eyith
Page 114 of 124
Town Board
October 4, 2023
then mit lasting for o r followed by o r hiat is \Kith this n ni law fho
number of trees allowed to be removed depends upon the size of the lot and requires
replanting of trees depending upon the size of the tree taken down, neither of which is
addressed by the current law.
First, Supervisor Elkind Eney asked Attorney Bill Maker to describe the proposed law
more fully.
Town Attorney William Maker then described via Zoom the proposed Tree Law.
Attorney Maker highlighted two major differences between the old law and the
proposed new law:
1. The new Tree Law will eventually apply to every lot in the Town of
Mamaroneck.
2. The new Tree Law requires that when trees are taken down, they must be
replaced.
Attorney Maker then explained that with the proposed new Tree Law, when someone
wants to remove a regulated tree of 6 inches or more in diameter at breast height,
they would be required to get a permit. If the homeowner wanted to remove nine or
fewer trees, then the Environmental Planner would handle the application. If the
homeowner wants to remove ten or more trees, then the homeowner would be
required to go before the Planning Board. The homeowner who makes the application
must provide all of the requested information and must prepare a tree replacement
plan showing what will be taken down and what will be replaced. The Environmental
Planner can suggest location changes and replacement trees. A tree up to twelve
inches in diameter requires a one-to-one replacement. A tree between twelve and
eighteen inches in diameter requires a two for one replacement, and if larger than
eighteen inches in diameter, a three for one replacement is required.
A permit is issued, and the trees are removed pursuant to that tree permit. The
Environmental Planner then inspects the property when the work is complete, issuing
a temporary certificate of completion. The replacement trees are planted, and the
Environmental Planner returns a year or so later to confirm that the replacement trees
are established. If the trees are doing well, then the Environmental Planner closes out
the permit providing a letter of completion. If the trees are not doing well, then the
Environmental Planner can ensure that new trees are planted as replacements, and
they will review the trees again at a later time.
Homeowners that cannot reasonably (or do not want to) replace their removed trees,
will need to pay $300 per tree for each tree that is not replanted on their own property.
That money will fund the planting of trees elsewhere throughout the Town. Either way
the property owner will have to replace trees, either on their own property or
elsewhere in Town.
Attorney Maker noted there is a one-year hiatus between allowable cuttings. He
added that hopefully this will make people more reasonable. In addition, the number
of trees allowed to be removed depends on one's lot size with the proposed new Tree
Law. If your lot is 20,000 square feet or more, no more than 10 regulated trees can be
removed. If your lot is larger than 7,500 but less than 20,000 square feet, no more
than eight regulated trees may be removed. Lastly, if your lot is less than 7,500
square feet, no more than four regulated trees may be removed in any twelve-month
period. Stop work orders will be issued for violations of the proposed new Tree Law.
The new law is designed to increase the number of trees in the Town of Mamaroneck
and increase the number of replacement trees. Supervisor Elkind Eney added that a
tree permit will run with the land, so if someone buys a house, the new owner must
abide by the previous owner's tree plan/permit.
Supervisor Elkind Eney thanked Attorney Maker for his yeoman service and asked if
anyone on the Town Board had a comment. Councilwoman Katz stated that she was
happy to see so many people in attendance. She noted that the Town Board had to
weigh the rights of all property owners. She stated that she had a feeling that there
Page 115 of 124
Town Board
October 4, 2023
are many people out there that feel `it's my property and I can do what I want'. They
may not be here, but the Town Board had to balance the rights of all property owners
while also striving to preserve the tree canopy. Now you have to plant a new tree if
you take one down, so there will be another expense for homeowners.
Councilman King noted that when the Town proposes a law like this Tree Law, it is
incumbent upon the Town Board to look at the full equation. He compared it to the
Rock Removal Law. This required the Town Board to consider the entire
environmental umbrella. Councilman King asked, what is the impact for the
homeowner and the surrounding area? How to preserve the totality of the tree canopy
and reduce diminishing the tree canopy? Councilman King thanked the Sustainability
Collaborative for pointing out these needs.
A few years back, Councilman King experienced an absentee neighbor that
completed a total deforestation of their property. These were mature trees, and the
neighbor did not replace one tree. At that time, Councilman King called the Building
Inspector and Town Engineer, but because the neighbor's property was just under a
third of an acre, there was no recourse. Councilman King pointed out that the Town is
looking at sewers, storm drains, food waste collection, and all are related. It is, he
said, the Town Board's responsibility to make the connections. Councilman King
acknowledged that we have lost trees to development and climate change. This
amended Tree Law upholds the right to cut down a tree, but now gives the Town the
mechanism to maintain the tree canopy, which is one of the reasons we all live here in
Westchester County.
Councilwoman Fiddelman deferred her comments until after the Board had heard
from the residents in attendance. Councilwoman Nichinsky deferred her comments as
well, thanked everyone for coming and is interested in hearing everyone's comments.
Councilwoman Nichinsky shared that this proposed new Tree Law took a long time
and took a lot of debate to get to this point. Councilwoman Nichinsky and repeatstated
that she was looking forward to hearing from everyone in attendance.
Supervisor Elkind Eney said that she wanted to sum up that the proposed new Tree
Law is about balancing the need of individual homeowners that purchase their house
and want to do with it what they please, with the beauty of trees in the community.
Supervisor Elkind Eney noted that the law as it stands provides for a balance the
Town Board feels good about. Supervisor Elkind Eney then opened the floor to public
comment, urging those in attendance to please sign in with Mark Romero and limit
their comments to three minutes. The Supervisor asked that speakers wait to be
called on. The Supervisor noted that the Town Board had worked on this law for a
long time, and that they recognize the importance of trees in the Community.
Therefore, she requested that residents please try to focus their comments on
specifics about the proposed law that they may agree or disagree with, rather than
general comments about the importance of trees in the Community. Additionally, the
Town Supervisor said, if you agree with previous speakers, you may indicate as such,
and your comments will be noted. You do not have to feel compelled to repeat the
prior comments in their entirety. Finally, Supervisor Elkind Eney, said that the Town
Board intended to keep the public hearing open until October 18, 2023, so they could
evaluate the questions and concerns raised at tonight's hearing.
Catherine Wachs, a landscape designer, and Town resident stated that no one is
watching how many trees are being removed. Enforcement is important. She sees
this first-hand in the field, where she visits people that have clear cut all their trees
and put up a cherry tree. Ms. Wachs agreed that legacy-limited permitting is important
as well but stressed that cutting down a 100-year-old tree is not same, as planting one
or two small new trees. A 100-year-old tree processes exponentially more carbon
dioxide and water. The transpiration rate of a 100-year-old tree is about 11,000
gallons of water per year, while a 10-year-old tree may transpire only about 500
gallons per year. Old growth trees are very important to protect against flooding. Ms.
Wachs suggested that the Town Tree Law needs to preserve as many old-growth
trees as possible. In addition, Ms. Wachs suggested that the Town specify hardwood
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trees, trees that grow large, and trees that support the local wildlife, as replacement
trees. Cherry and pears trees are small, short lived, break easily and have no wildlife
value so are not adequate replacement trees. Ms. Wachs would like the law to specify
the allowable varieties for replacement trees. Lastly, she said that she has never
heard of anyone ever being denied a permit to cut down a tree in the Town.
Luke Brussell, Town resident for twenty years, lawyer, law professor, and serves as
an administrative law judge for Westchester County Human Rights Commission,
thanked the Board for revising the code. Mr. Brussell had raised the issue a number
of years ago that the current Town Tree law applied to almost no residences. He
suggested that there are some considerable flaws in the current draft, such that it is in
violation of the New York State Constitution's Environmental Rights Amendment.
Passed in 2021, seventy percent of New York State voters approved making a
healthful environment a fundamental right. The current draft, Mr. Brussel suggested,
does not consider the possible harm to the environment in the permitting process.
Town of Mamaroneck residents can be deprived of their rights and permitting may
violate the Environmental Rights provision. In addition, he added, not even
considering environmental impact in the permitting process deprives Town residents
of the right to due process, which is a fundamental constitutional right. Mr. Brussell
suggested that we go back to the drawing board and make it a collaborative process
to develop a revision with residents. Mr. Brussell suggested the collaborative process
to try to avoid litigation over the Tree code. Mr. Brussell stressed this is not just a
technical issue, but it is a necessity to help address both biodiversity and the climate
crisis. Lastly, he noted that there is much more detail in the written submission he
made to the Town Board.
Allen Reiter thanked the Town Board for the ability to address them and understands
that the Board has tried to achieve a balance. Mr. Reiter pointed out there is no
mention of environmental rights anywhere in this proposed new Tree Law. In addition,
there are two sections in the proposed law under which a property owner has the right
to tear down a tree and essentially that property owner is allowed to tear down a tree
at their whim: (207-5c-2i) if the owner states that it might endanger the owner, their
family, or their property. That term `might endanger' is undefined and all trees pose a
danger. A tree sooner or later is going to fall. There is no requirement for a certified
arborist to offer an opinion that in fact the tree is diseased and poses a threat to life or
property. Anyone could get a tree torn down, simply by invoking the `might endanger'
clause.
In subsection 4, it states that if a tree substantially interferes with the permitted use of
a property the tree can be destroyed. Planting a tree that will achieve the same height
in 50 years doesn't really accomplish the goal of protecting our tree canopy. Mr.
Reiter stated that this does not protect our tree canopy, because if a homeowner
wants to replace a tree with a swing set, koi pond, or whatever, the permit will have to
be granted. If the purpose is to strike a balance, then the Town Board has given all
the rights to the homeowner now. If this proposed Tree Law passes it will continue to
lead to the destruction of the Town's tree canopy and there will be nothing that the
Town can do about it.
Ruth Gyure thanked the Town for its tree planting and attempting to amend the Tree
Law. Ms. Gyure noted that this proposed new law has the same flaws as the old law.
Ms. Gyure commented that she is a microbiologist and it's all connected. Soil health,
tree health, this is all contributing to the health and welfare of our community. This is a
community, so there should be laws that bind us for everyone's benefit to mitigate
flooding and combat climate change. Because of years of neglect, unhealthy root
zones are making our trees unstable, and they are coming down. Planting little trees
in place of large trees is not comparable. When she sees a large tree coming down in
the Town, she thinks it is often pointless. It is not necessary for a swing set or a
swimming pool or a new home to be built on a lot. It will not help us for our Town's
future. If you replant a tiny tree, it will not help us, Ms. Gyure added, as you will not
realize the benefits for 50 to 100 years. Incrementally, little-by-little the mature trees
are going away.
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Ms. Gyure recommended that the Town prioritize trees as precious commodities. Tree
City has guidelines for best practices, and the Town Board should review those
guidelines. Ms Gyure sees mature trees that are not being cared for properly and that
is why they are coming down. It is not the Building Department's job to determine a
tree's health, it should be the job of a qualified arborist. Large trees need room for
their roots. Some places have use grandfathering in, which could be one way of
introducing a new, more vigorous Tree Law. In that case, if a property is sold,
immediately new regulations go into place. Ms. Gyure asked that the Town Board
please protect the health of the Town and our future.
Andrea Hirsh resident attending both for herself and on behalf of Ralph Engel who
could not be here this evening. Ms. Hirsh felt that this had been a frustrating process.
The Town Board asked the Sustainability Collaborative to provide a comprehensive
review of the Tree Law but trashed its work. Instead of using the Collaboratives'
suggestions and without input from environmentalists, arborists, or the Planning
Board, the Town Board developed their own proposed Tree Law. The Chair of the
Planning Board has submitted comments. He is dismayed that the Town Board would
allow any tree to be cut down as is. It conflicts with the Planning Board's own rules.
By contrast, Ms. Hirsh added, that the Planning Board always tries to preserve trees
and work around them.
Although the preamble to the proposed new Tree Law insists it balances, it does not.
Ms. Hirsh suggested that the Town Board review other municipalities' tree codes. Ms.
Hirsh also stated that no other local tree code mentions property owners' rights or
allows a certain number of trees simply to be taken down without a permit. Ms. Hirsh
added that this proposed law does nothing to protect the trees.
Ms. Hirsh emphasized the mental and physical health importance of trees. Told a
story about a tree on Chatsworth Avenue, where new owners brought the century-old
tree down. The tree soaked up much of the water in this area on Chatsworth Avenue
during rain events. Ms. Hirsh asked what right the owners had to remove this tree that
had existed for so long before their time and negatively affect so many of their
neighbors. Ms. Hirsh suggested that the point is that trees are a public commodity
essential to our environment and to us. She said that this code takes a 100-year leap
backwards. Ms. Hirsh recommended that it be replaced and a moratorium on cutting
be put in place. Lastly, Ms. Hirsh suggested that we need to protect our trees.
Judy P. Herbst, a thirty-year resident of the Town, stated that she finds this proposed
new Tree Law very flawed. Ms. Herbst stated that they had brought the need for a
new Tree Law to the attention of the Town Board three years ago. She said there is
no balance in this law. Ms. Herbst pointed out that in the Town, residents are
regulated for noise, parking, building, everything really. She said that we are team
players together. There is no need to take down a healthy, canopy tree for a
basketball hoop. A basketball hoop is for a momentary need lasting two to three
years. A tree has longevity. Ms. Herbst shared that a neighbor had removed about ten
trees to put in a basketball court recently. The effect was that all the owls and birds
are gone and now the mice population has exploded. Ms. Herbst pleaded with the
Board to accept there is a community need to save the tree canopy. Ms. Herbst
suggested the following specific changes to the proposed Tree Law: need criteria for
removal; need to address public spaces (for example the trees removed in Memorial
Par); and the law should include notification of the community -- not just the one
neighbor, but the entire community as is done with building permits.
Jacob Levitt, forty-nine-year resident of the Town, pointed out the visuals in the room
behind the Board and stated that you cannot have any of these environmental
representations without trees. Mr. Levitt stated that we are in a climate crisis and we
in the Town need mature trees. He suggested we must undergo a paradigm shift. A
tree on one person's property should not be viewed only as their property but it should
be viewed as community property,just like the air we breathe. The government
should seek to protect it. One should not be able to remove a tree from their property,
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the same was as they would not be allowed to foul our communities'drinking water.
We must rise above the economics of tree removal. Mr. Levitt suggested that the
desire for tax money from developers and potential new residents must be
subordinate to our Town's long-term health.
Mr. Levitt believes that this proposed Tree Law gives carte blanche to anyone that
wants to cut down a tree. What is absent in the current code as well as this proposed
new code: establish criteria for tree removal, particularly protecting mature, healthy
trees; a notification for residents surrounding a proposed removal; putting in place
fines and fees that will act as clear deterrents for tree removal; and develop a tree
replanting plan around Town.Also, Mr. Levitt noted there are too many loopholes in
the proposed law, including allowing one person, the Environmental Planner, to have
approval rights for removal. In addition, there is no mechanism of or plan for
enforcement. He continued, that there is no notification. Mr. Levitt added that pruning
is an issue. If one is allowed to remove 25 percent of the tree's canopy each year,
then in two years the tree is dead. Mr. Levitt suggested the Town Board return to the
drawing board, this time to include expert consultants and arborists in the
development and discussions and to seek true input from the Sustainability
Collaborative and Tree Committee. Mr. Levitt suggested that the Town Board
reconstruct the Tree Law into something meaningful that would protect the Town's
trees.
Karen Khor thanked the Town Board for their effort and many hours of work on the
proposed new Tree Law. Ms. Khor highlighted that this important law is not only about
us and our community, but it is for future generations.As Co-Chair of the
Sustainability Collaborative and as a member of the Town's Comprehensive Plan
Steering Committee, she attended many Town events last year to gather input as to
what is important to residents in the Town and what is their vision. Preservation and
protection of existing trees was one of the comments she heard over and over. We
are one Town and saving trees is important for everyone in our community. In the
online Community Needs Survey, conducted over several months, over 700 residents
commented on what is important to them.Three important community needs were
identified by those residents: (1) prevention, mitigation, and management of flooding
from storm events; (2) protection of wetlands, native habitat, and critical
environmental areas from development; and (3)the preservation and protection of
existing trees on both private and public land.
Ms. Khor stated that the preservation of trees is critical for all three of those needs
mentioned. Our community has made it loud and clear, that we value our trees.Trees
are our first line of defense against flooding. We are living in a climate emergency
crisis. Ms. Khor asked the Board to ensure that the proposed Tree Law protects and
preserves our tree canopy. She suggested that the current proposed law falls short,
and we urged that the Town needs to do better.As a bronze Climate Smart
Community,the Town needs to do better. Ms. Khor had three recommendations: (1)
take additional time to gather feedback from experts on tree canopies; (2)address the
need for clear criteria and due process that consider environment and social impact of
tree removal before tree permits are granted; and (3)commit to maintaining a
minimum tree canopy of forty percent based on the recommendations of experts and
equals the goal of the Village of Mamaroneck. Ms. Khor summarized by reminding
everyone that a swing set provides but a temporary benefit, while trees last many
generations.
Cecilia Figurino, from Harrison,stated that she was humbled and honored to be in a
room of residents concerned about trees. She said that in Harrison, she is the lone
harbinger. Ms. Figurino noted it is foresighted to apply the same Tree Law to
everyone.Applying the law unilaterally is the only way you can maintain records. Ms.
Figurino suggested that in Harrison they are allowing unfettered development without
any consideration for the environment. She brings a warning from Harrison, noting
that we all share the same plumbing. This unfettered development and disregard of
the trees ensures that millions of gallons of water will continue to head toward
Mamaroneck from Harrison.
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Mark Kramer, Co-Chair of the Sustainability Collaborative, and decades-long resident
of the Town stated that he lives in the north end of Town and just recently had
flooding as a result of last Friday's storm. Mr. Kramer explained that there are many
new houses where just a few old houses were. In addition, a lot of old growth trees
have been removed. An older tree on a street is not the same as a tree on a wooded
lot. Mr. Kramer explained that more stress, more heat, and more sunburn are a result
of not having a tree on a street. We lose the change of colors during the fall.
Mr. Kramer noted that the Town has not yet addressed the country clubs which have
a lot of grass and very few trees. The country clubs do nothing to mitigate water flow
off of their grass courses. To address this, Mr. Kramer suggests a more
comprehensive tree law.
Mr. Kramer suggested fines be raised so that they are actual deterrents. He has
stopped on many occasions to note where trees have been cleared for construction,
whether or not the builder has a permit or not. Lots have been cleared and even
though the construction has stopped, it is too late because the trees have already
been cut down. When houses got permits and wanted to raise elevation, they built
wells around the trees. It didn't work so now the properties are bare. The number one
thing is that large, old trees have more to give than smaller, young trees. We should
weigh that when we go to cut them down.
John, a Town resident currently in the midst of renovation, pointed out that at every
turn he faces rules that dictate what he can or cannot do. If he wants to add a sump
pump, then there are rules. If he wants solar panels, he must get an architectural
review. If he wants to put in a new HVAC system, he needs a permit and review. The
list goes on and on. But, John added, if he wants to cut down a seventy-five-year-old
maple tree that provides privacy, shade and increases both his property value and
that of his neighbors, he can cut down that tree tomorrow. The Town can do same in
front of his house, where he witnessed a 100-year-old tree be taken down by the
Town's DPW. Why do trees not deserve the same strict oversight as a sump pump?
John suggested the Town Board consider that trees are not just for erosion control,
but that trees are a communal resource and one that requires clear rules before we
knock them down. John added that having a robust ordinance is essential to alleviate
the loss of tree canopy more flooding and mitigate climate change. He suggested that
the Town Board take more time to craft a Tree Law more in line with other
Westchester County municipalities and with the same level of attention as the Town
would consider regarding the permitting of a sump pump.
Sharon Boswell, Town resident on Myrtle, agreed with many of the earlier speakers.
She believes that replacement trees need to be specified. Ms. Boswell told the story
of a tree in the public area in front of her property that had been removed by the Town
and replaced with a Cherry tree. It is too low and people walking on the curb bump
into it. Ms. Boswell concluded that the importance of replacements needs to be
addressed in the proposed law to keep invasives out and ensure that the right trees
are planted in the right locations.
Moved by Councilman King, seconded by Councilwoman Fiddelman, the Public
Hearing was unanimously adjourned to October 18th.
Carried
RESIDENT COMMENTS
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Supervisor Elkind Eney asked if anyone in the audience wished to address the Town Board.
Janet Goff addressed the Town Board. Ms. Goff stated that she has lived here only a few
months but has just had a crash course in storm drainage. She noted that she had written to
Town Engineer Robert Wasp. Ms. Goff stated that she recently moved to Old White Plains
Road and did not understand the full extent of the area's vulnerability to flooding. She noted
that it is great that the Town just received the grant to study stormy drainage, but she pointed
out that if you live in a vulnerable area, three years to complete a study is too long.
Ms. Goff continued that the water stopped feet from their driveway. If the water had
continued just a few more feet, it might have been catastrophic for them. Some of her
neighbors were not so lucky. One lost their entire HVAC and electrical system, and another
had a pile of ruined furniture on their front lawn. Ms. Goff provided three observations as a
newcomer: 1. The storm drain on Old White Plains Road is not sufficient for the 20 or so
houses that it serves. Ms. Goff pointed out that the drain services one of the few roads that
take people from the lower areas (in the Village and Town) out to higher areas. 2. There was
no free passage through the area. Cars that were diverted off of the Hutchingson Parkway
and people heading out of Mamaroneck both could not get out because of the flooding. 3. A
waterfall was running off from Winged Foot Golf Course. It was shocking how much was
rushing down off of the golf course toward the one shared storm drain.
Ms. Goff sent the email to the Town Engineer Wasp as she feels that three years is too long
to wait for some Town residents. In summary, the runoff from the golf course, the lack of
escape route out of Town and Village, an opportunity for storage in Saxon Woods. The storm
drain cannot handle the runoff, so Ms. Goff asked that the Town Board please consider an
interim plan, perhaps widening the storm drain, working with the golf course to create a catch
basin or something to curtail runoff. Then in the future Ms. Goff volunteered to work with the
Town to try to get residents and the golf course to install permeable surfaces. Ms. Goff
requested that the Town Board please contact her if there is anything she or her neighbors
can do.
Judy, from Australia, was in attendance on behalf of her ninety-six-year-old mother who has
been living at number one Nancy Lane since 1965. Judy stated that there is a constant flow
of water coming from a hose at the top of Nancy Lane, near number eleven. This runoff is
constant, every day and night. Additionally, Judy noted that there is water dripping also from
either ten or twelve Nancy Lane, that runs from the top of the Lane down to Palmer Avenue
at the bottom. The gutter has algae and a green tinge, because the water has been
streaming down the Lane constantly for_years. The Nancy Lane residents would like to know
when this will stop.
Another issue, Judy stated, is the poor, patched condition of the surface of road. She
mentioned that Garret Lane (the next street up)was recently paved as was Boston Terrace,
so why not Nancy Lane, she asked. Water was streaming down Palmer Avenue and Nancy
Lane and met in a `lake'. Judy was wondering if there is a possibility of raising the end of the
driveway to prevent the water from coming down that driveway.
In addition, there is an issue with the nursery, Weaver Gardens, at the corner, which has
been growing bamboo for years. `Officer Franz from the State environmental group'says this
particular bamboo is invasive. Weaver Gardens does not deal with the bamboo problem.
They are cutting it, but bamboo needs to be dug out. In addition, Weaver Gardens has raised
their ground level about three feet over the year, so water runoff is heading from Weaver
Gardens to residents on Nancy Lane. Judy concluded by stating that these issues have been
presented to the Council many years before and thanked the Town Board for protecting the
trees in our Town.
BOARD OF FIRE COMMISSIONERS
1. Call to Order
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Commissioner Elkind Eney called the Meeting to order, then on motion of
Commissioner Nichinsky, and seconded by Commissioner Katz, the Board of Fire
Commissioners was unanimously declared open.
Present were the following Members of the Commission:
Commissioner: Jaine Elkind Eney
Commissioner: Abby Katz
Commissioner: Sabrina Fiddelman
Commissioner: Jeffery L. King
Commissioner: Robin Nichinsky
2. Fire Claims
Moved by Commissioner King, seconded by Commissioner Katz, it was
RESOLVED that the Board of Fire Commissioners hereby approves the
attached list of Fire Claims in the amount of$9,698.98.
Carried
3. Fire Report-September
Commissioner Elkind Eney read the Fire Report for the Month of September 2023, as
follows:
Alarm Type Number
Generals 39
Minors 22
Stills 30
Out of Town (Mutual Aid) 0
EMS 40
Drills 4
TOTAL 135
Total number of personnel responding: 775
Total time working: 49 hours and 32 minutes.
See Attachment B.
4. Other Fire Department Business
There being no further business to come before the Fire Commission, on motion of
Commissioner Nichinsky, seconded by Commissioner King, the Commission
unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN OF MAMARONECK
1. Authorization of Consultant Selection Town Comprehensive Drainage
Evaluation
Moved by Councilwoman Katz, seconded by Councilwoman Nichinsky, it was
RESOLVED that the Town Board hereby approves of the consultant proposal
for the Comprehensive Drainage Evaluation and Storm Sewer Renovations to
H2M Architects+Engineers for$367,300 and hereby authorizes the Town
Administrator to execute the agreement and any related documents necessary
to carry out its implementation.
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Carried
2. Authorization -Q3 2023 Operating Budget Amendments
Moved by Councilman King, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby authorizes the Town Comptroller to
make the necessary budget amendments, as presented.
Carried
3. Authorization -Q3 2023 Capital Budget Amendments
Moved by Councilwoman Fiddelman, seconded by Councilwoman Katz, it was
RESOLVED that the Town Board hereby authorizes the Town Comptroller to
make necessary capital budget amendments, as presented.
Carried
4. Certiorari - Fifth Avenue Investors, 620 Fifth Avenue
Moved by Councilwoman Nichinsky, seconded by Councilwoman Fiddelman, it was
RESOLVED that the Town Board hereby approves the settlement of certiorari
for Fifth Avenue Investors, resulting in a refund of$1,000.
Carried
REPORTS OF MINUTES
1. Report of Minutes of July 11, 2023, July 19, 2023,August 16, 2023, August 23,
2023, and September 6, 2023
Moved by Councilwoman Fiddelman, seconded by Councilman King, it was
unanimously
RESOLVED that the Town Board hereby approves the minutes of the Town
Board Meetings of July 11, July 19,August 16,August 23, and September 6
2023, 2023, as attached.
REPORTS OF THE COUNCIL
Councilwoman Katz
• Attended a Traffic Committee meeting last week, where many residents in
attendance requested an additional crossing guard on Colonial Avenue.
• Asked all drivers to slow down, school is in session.
• Announced that next Wednesday is LMC Media's 40th anniversary celebration. For
tickets or more information, please visit: Gala 2023 - LMC Media at
https://Imcmedia.orq/ga1a2023/
Councilwoman Fiddelman
• The next Larchmont-Mamaroneck Local Summit meeting will be held on Tuesday,
October 10, 8 am via Zoom. The topic will be Neighbors Helping Neighbors -- Meeting
the Needs of Families in Crisis. For more information visit:
https://www.localsummitlm.org/events.html
• She was saddened that the Town's Food Truck Festival was cancelled again this
year. Thank you to the Recreation Department, and all other departments, that helped
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to organize even though the event was cancelled.
Councilman King
• Attended this month's Recreation Committee meeting.
• Many fall Recreation programs and activities can be found in the Town of
Mamaroneck Recreation Brochure at
https://www.townofmamaroneckny.org/406/Recreation
• There are a lot of exciting activities coming up. These include programs for school-
age children, even for next Monday which is a holiday. Activities are listed in the
activity guide.
• Attended County Executive George Latimer's presentation last Sunday at the
Larchmont Library. Flooding is both a County and State issue in terms of funding.
There are County roads in our municipality, so sometimes it can get confusing.
Councilwoman Nichinsky
• Attended both the Sustainability Collaborative and the Housing Authority meetings
this past week.
• The Repair Cafe will take place on Sunday October 15th. They need volunteers for
repairs and many other aspects. Volunteer or visit the Repair Café, it is a real service
to the community and a very fun event, with music and snacks too.
TOWN CLERK'S REPORT
The Town Center will host Early Voting for the November 7th General Election. Days and
times are follows:
• Saturday, October 28, 2023, from 10 a.m. until 6 p.m.
• Sunday, October 29, 2023, from 10 a.m. until 6 p.m.
• Monday, October 30, 2023, from 8 a.m. until 4 p.m.
• Tuesday, October 31, 2023, from noon until 8 p.m.
• Wednesday, November 1, 2023, from 8 a.m. until 4 p.m.
• Thursday, November 2, 2023, from noon until 8 p.m.
• Friday, November 3, 2023, from 8 a.m. until 4 p.m.
• Saturday, November 4, 2023, from 10 a.m. until 6 p.m.
• Sunday, November 5, 2023, from 10 a.m. until 6 p.m.
Councilwoman Fiddelman added, there is no early voting on Monday, November 6th, the day
before the General Election.
ADJOURNMENT
On motion of Councilwoman Fiddelman, seconded by Councilwoman Katz, at 9:54
p.m. the Town Board re-entered into a Work Session to briefly discuss the next steps
of the Public Hearing on the proposed new Tree Code.
Carried
On motion of Councilman King, seconded by Councilwoman Katz, the meeting was
unanimously adjourned at 9:59 pm.
Carried
REGULARLY SCHEDULED MEETING -October 18, 2023
Submitted by
Allison May, Town Clerk
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