By NEAL RENTZ //
The Lewisboro Town Board held a public hearing on three proposed revisions to the tree preservation ordinance at its July 22 meeting, while delaying the implementation of other changes.
The board also held further discussion and heard heated public comments about whether it should continue to participate in Sustainable Westchester’s energy buying program. (This portion of the meeting will be covered in a separate article.)
The Conservation Advisory Council recently presented the town board with proposed changes to the ordinance: to make it consistent with Westchester County licensing requirements for tree removal; to tighten the language to prevent clear-cutting of trees; and to correct an error in the special character portion of the current town ordinance.
A majority of the town board agreed with the suggestion made recently by Supervisor Tony Gonçalves to postpone action on proposals regarding penalties and a tree replacement schedule for violations of the ordinance. CAC Chair John Wolff has agreed that some additional discussion should be held before revising the penalty section of the ordinance, including creating a work group that would consider the issue.
During the public hearing on the legislation, resident Simone Petromelis said she could not see how the revised tree ordinance could be enforced by the town. “I know people are cutting down trees as we speak,” she said. “They’re doing it all over the place. I hear it. I see it.”
Resident Dean Travalino said he understood the town board was considering three changes in the tree ordinance, with other changes to be determined in the future. “I hope that you’re serious about moving forward on them,” he said. “The big issue with these changes is we want to improve enforceability.”
Travalino said he opposed clear-cutting of trees, but the revised ordinance “might be a little overkill.” For example, the revised ordinance allows the cutting down of only three live trees per year on a property, regardless of the size of the parcel, he said. Even with the limit of three trees, the cutting of a tree 18-inches high or higher needs a separate permit from the town, he said.
If the tree ordinance changes are approved, “the Building Department is given overreaching power now to decide whether you’re building a backyard barn, a deck or anything else” in that would regulate tree removal in each of those circumstances, Travalino said.
Sally Frank, a member of the Conservation Advisory Council, noted that the current tree ordinance allows property owners to cut down diseased or dead trees that could endanger a home if they fell down. In addition, property owners can take down trees under the current ordinance, even healthy ones, that are within 100 feet of a dwelling and pose a threat to a home, she said. The town is having difficulty with property owners cutting down many trees “any which way that they want,” she stressed. The intent of the legislation is to maintain the rural character of the town, among other benefits, she said
Gonçalves said a workgroup spearheaded by the CAC will consider additional tree ordinance changes to recommend to the town board.
Resident Jen Cipriano said the town board should call on the CAC to include in its working group residents with expertise in trees who have not been selected for their expertise in the past.
As she had previously, Councilwoman Andrea Rendo said at the July 22 meeting that rather than having the town board send its three tree ordinance changes to the state, it should send to Albany one package of proposed tree ordinance changes when all future changes are included. She maintained this approach would be less costly than filing two submissions with the state and would require less time from town officials.
Since the town board has not completed review of an Environmental Assessment Form, the board did not close the public hearing. The next town board meeting is Aug. 12 when the hearing could continue.
Comprehensive Plan vote postponed
Also at the meeting, the town board postponed a scheduled vote to revise the Comprehensive Plan and adjourn the public hearing on the document until at least its Aug. 12 meeting.
The Comprehensive Plan, formerly known as the Master Plan, was last updated in 1985.
During the public hearing on the plan, resident Barbara Mangione said she was concerned about the review of the plan by the Westchester County Planning Board, particularly the section that addresses the need for additional affordable housing for Lewisboro. Richard Hyman, who drafted that section, wants the Comprehensive Plan to identify barriers in the town preventing construction of the housing, Mangione said. Hyman stated Goldens Bridge should be the area where additional housing is built, she said. “Goldens Bridge just built 48 affordable housing units,” she said. (42 were built.) “We are the most densely populated hamlet in town and also have the highest amount of multiple family dwellings.” New affordable housing units should be constructed in other sections of town, she said. “Our roads and infrastructure are reaching capacity,” she said, adding that Goldens Bridge abuts sensitive wetlands and watershed areas.
Mangione said she agreed with the consultant assisting with the plan revisions, Valerie Monastra, who recommended that town conduct a housing survey before additional affordable housing is planned.
Jennifer Cipriano said she wanted to address comments from the county about housing and pedestrian and bicycle safety. “We need smart growth,” she said. “We need to figure out how we increase housing, which is going to support our businesses and our local agriculture because people who need to work need places to live within commuting distance.” The town should also strengthen public transportation, she said.
Cipriano said she wanted Lewisboro to maintain its rural character, as well as strengthen current businesses and encouraging small agriculture, and the revised Comprehensive Plan should indicate how the town could do so in smart ways. She also recommended Lewisboro hire a town planner who would coordinate the work of the town’s committees, as well as working with representatives of the town’s business and agricultural communities, she said.
If changes were to be made by the town board to the latest draft, said Rendo, the public hearing should be kept open.
The county Planning Board feedback was provided to the town on July 22, just prior to the meeting, Gonçalves noted.
Building Department fines moratorium
Also at the meeting, the town board voted unanimously to approve a request from the Building Department to allow building permits that have since expired to be renewed by property owners without requiring the $102 filing/records management fee and the 25% additional fee.
The amnesty program will begin on Sept. 1 and run through Nov. 1.
“The goal of the program is to create a more cost-efficient process for homeowners to achieve their goal of obtaining a Certificate of Compliance or Occupancy for a particular scope of work,” the legislation stated.
Program participants will need to submit a building permit application, the supporting documentation and the renewal fee. The application will be processed by the Building Department, which will conduct a brief code review to determine what inspections or other items are required to work toward closing the permit.
Permit renewals will be valid for one year from the date of issue and standard inspection protocol will resume. After final inspection and all required items are in place, a certificate of compliance or occupancy will be issued.