New Larchmont Tree Laws Proposed; New Trees Planted

Also: Public Input Wanted on Constitution Park

by Judy Silberstein

(May 25, 2006) When you go to plant or remove a tree in front of your house, what rules apply if the land belongs to Larchmont Village? What if the land belongs to you? Larchmont’s Parks and Trees Committee would like the Village Board to clarify and expand the rules to further protect the “urban forest” growing in our residential and business districts. To that end, three members of the committee appeared at the Monday, May 23 board meeting to provide background, present research and make the case for focusing attention on the issue. The group was also seeking input from the board and the community on plans for refurbishing Constitution Park to serve as a village green.

Tree Laws: Public and Private Land.

Tree laws are not a new priority for the Parks and Trees Committee. Mayor Liz Feld acknowledged that Jan Feinman, the committee’s chair for the past four years “has sat in frustration over the years - since 2002 – working to get consideration of some sort of tree ordinance.” The concepts presented on Monday night were a reprise of Parks and Trees’ proposals from October of 2003 that suggested codifying the process laid out by Mayor Ken Bialo for handling encroachment on Village property. Codifying “would make things more systematic, more fair, more public,” said Sarah Kheduri, from the Parks and Trees Committee.

A 2003 memo from the committee noted: “In several recent incidents of encroachment, the current rules have been described as vague and confusing.” The group proposed specific rules that would require property owners to obtain permits from Parks and Trees and approval by the Village Board before planting on Village land.

Also suggested – both in 2003 and on Monday - was consideration of rules “aimed at preserving trees of special value on private property.” In 2003, Ms. Khedouri had researched tree ordinances from other Westchester municipalities and she was at the Monday meeting to answer questions from the board. She laid out two types of ordinances for further discussion:

Option A would designate certain trees as protected because of their age, history, uniqueness or special beauty;

Option B would require homeowners applying for building permits to get permission from Parks and Trees before removing mature trees.

Some jurisdictions combine elements of both options.

Trustee Mike Wiener wanted to know how these types of tree laws would mesh with the current building permit process, especially in light of new rules extending Planning Board oversight to a greater proportion of renovation and demolition projects. Some towns require submission of “tree maps” as part of a site plan review during construction, said Ms. Khedouri.

“Don’t some towns require a ‘1 for 1’ replacement when a mature tree is removed?” asked Mayor Feld. “You’re removing shade, so you replace it,” is the philosophy in Hastings on Hudson, said Ms. Khedouri.

There was no action taken Monday night; the presentation was only the first formal step. So what’s next? “It would be easier to deal with the public trees first,” suggested Trustee Marlene Kolbert. Turning the Parks and Trees memo into code will require a review of the current code with help from the Village attorney.

Once codes are in place, education is the next step, said Kristin Andersen, the third member of the Parks and Trees Committee presenting to the Village Board. She suggested development of brochures to be distributed to new and prospective homeowners.

The last step is what Ms. Andersen called “gentle enforcement.” People should be required to put things back when they move in a direction that is not consistent with the code, she said.

A Village Green in Constitution Park?

Another major effort from the Parks and Trees Committee involves a reworking of Constitution Park next to Village Hall to serve as a community gathering place – like an old-fashioned village green. The recent clearing of brush, vines and saplings from the edge of the park has revealed the full extent of the space available for this purpose.

New Ideas Needed? The large grassy swath of Constitution Park next to Village Hall is dotted with mature trees, but few residents visit the park, despite its central location.

Funding would come partly from the Village budget - $10K as allocated in the 2006-2007 budget – but mostly from donations. Because the park is centrally located adjacent to the Post Road business district, schools, and houses of worship, the Parks and Trees Committee is hoping to energize these park neighbors and other residents to contribute to the fundraising.

An advisory group is working in conjunction with the Parks and Trees committee with the goal of making suggestions and plans for the Village Board’s approval. “Ideally we’d like to use this year to complete the design phase and actually begin implementing in the spring of 2007,” said Ms. Feinman. “We know going in that we’re not putting in a children’s playground or anything like that, and that we are looking for places for people to gather before parades and after ceremonies and for quiet reflection as well as group meetings.”

“Given those parameters, we welcome suggestions from as many residents as possible,” she said. To contribute your ideas for landscape features or activities in Constitution Park, email the Parks and Trees Committee before July 1 care of: Larchmont Clerk.

More Street Trees on More Streets

In addition to planning new codes and a new village green, the Parks and Trees Committee has been planting new street trees – 90 of them will be planted this year alone. This is the fourth year of a tree campaign under the direction of Larchmont’s tree consultant, Peter Woodcock, and the fourth year of support from grants obtained with the help of local residents Ralph and Diane Engel from the Morris and Florence Bender Foundation. (See: "Big Dig" Adding Over 80 Trees to Village Streets.) One additional tree was planted this year on Arbor Day at Village Hall, and as the board met on Monday, the new horse chestnut sapling was in full bloom outside.