Trustees Consider How to Preserve the Village Tree Canopy
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- Written by Joanne Wallenstein
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Both the Conservation Advisory Council (CAC) and the Friends of the Scarsdale Parks (FOSP) met with the Village Board of Trustees on Tuesday February 24 to discuss the Village's tree ordinance and how best to maintain the village tree canopy. Currently aerial views show that 50% of Scarsdale is covered with trees and both groups are proponents of maintaining Scarsdale's canopy and encouraging residents to plant native, non-invasive trees.
Lee Fischman of the Conservation Advisory Council led the board through a discussion of a report that the committee issued in December with recommended changes to the tree law to maintain Scarsdale's trees.
Here is a summary of their recommendations:
1. The Village actively seek to maintain its 50% tree canopy coverage.
2. All projects requiring land use board approval must either attain the 50% canopy goal (at maturity) or pay an assessment for any shortfall.
3. Preconstruction tree surveys be conducted by a certified ISA arborist.
4. "Street" trees be required for all site redevelopment.
5. A permit be required for any tree (> 6" DBH2) (diameter at breast height) removed by a homeowner.
6. Neighbors be notified of substantial (> 12" DBH) tree removals.
7. Violations of the tree protection code result in subtraction of any unprotected trees from the canopy calculation.
8. Recent Friends of the Scarsdale Parks (FOSP) tree ordinance guidance be adopted.
How can this be accomplished? The Sustainability Committee recommends that those who choose not to replace trees they take down would have the option of paying a Canopy Replacement Fee (CRA), or a compensation fund to cover the cost of the Village planting trees in another location to replace the loss of canopy.
The committee also recommends that before construction is done on a site, a certified arborist should do a tree survey that includes tree species, condition, canopy coverage and counts all trees greater than 4".
For new construction the property owner would be required to protect or plant street trees.
Permits would be required for removal of any tree larger than 6"DBH.
Neighbors would need to be notified for removal of trees greater than 12"DBH.
During construction, trees would need to be protected, by surrounding them with a fence. The root cannot be disturbed with digging or trenching.
Madelaine Eppenstein, Co-President of the Friends of the Scarsdale Parks summarized the conclusions of their report on Scarsdale's tree policy. Though they concurred with the CAC on some recommendations, they diverged on others.
They also support designing a system to maintain maximum tree coverage but do not believe that residents should be given the option of paying fees to avoid planting trees on their property.
They want to ensure that only non-invasive native trees were planted 
and that the planting of invasive species should be prohibited by law. In a December report the group recommended which trees and shrubs should be planted and which should be prohibited as they are invasive.
They conclude by saying that their objective is to "not only help preserve the ecological balance and character of Scarsdale's natural environment, but also to balance this responsibility with the sometimes competing goals of property owners." They call for, "sound tree replacement and retention standards, requiring the planting of street and perimeter trees" and "expanding the Village right-of-way tree planting program."
In the discussion that followed, Bart Hamlin told trustees that "the BAR needs some guidance on plantings" when they review landscaping plans.
Co-President of FOSP Susannah Jones said, "We question an assessment in lieu of planting on private property. If you have a larger property you should make your planting plan equally as important as your home design. The idea of an option to pay your way out of the situation may not be a good idea. It is not necessarily the responsible thing to do – just like we are responsible for dealing with our own storm water, maybe people should be responsible for their part of the tree canopy. If 500 homeowners decide to pay in – where will plant the replacement trees?"
Trustee Brodsky said, "Have you given any thought to trees at risk – those that remain up but are impacted by construction? Fischman responded, "That would have to be done through monitoring." Brodsky continued, "We have a recreation fee for subdivisions – but it requires permission. It would seem to me tree canopy replacement fees could be approved by a village board – not be a given as an automatic buyout."
Trustee Stern said, "You can buy carbon credits to meet environmental standards – why not make it really expensive and people will think twice about removing a tree?"
Discussing the planting of large trees, Cynthia Roberts told the group, "The smaller a tree you put in, the better its root structure will be. Smaller trees can be transplanted with their entire root system intact. However its best to do this in the fall – when we are vacuuming leaves. If the staff could be spared we could plant these trees."
After considerable discussion about the best way to regulate and monitor trees, Mayor Steves concluded the meeting by saying, "We respect the work of the FOSP and the CAC. They are the environmental conscious of the village. We need to put something in place. How do we get to where we need to be? We need to decide whether the protection of the tree canopy is a concern of the village and if so, how to ensure it."
No Change in Leaf Pick-up Policy for Now
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Michelle Sterling, Chair of the Sustainability of the Scarsdale Forum pressed Mayor Steves on the status of a proposed revision to village code that would end the village's current practice of curbside leaf collection at the February 12th meeting of the Board of Trustees. After a large and contentious public hearing about the change in November 2014, Steves agreed to continue to study the issues and though there was much dissension about the change, Sterling hoped that the Board would move forward with a proposed resolution. Under the new code, the village would encourage residents to mulch their leaves in place and end the practice of vacuuming up loose leafs. Bagged leaves would be collected and the village would sell recyclable collection bags to residents for a fee.
At the hearing in November, residents both supported and objected to the change. Some saw it as a cut in services, others said their properties were not big enough to absorb the mulched leaves and still others said the measure would impose an undue burden on residents who do their own yard work. Fans said they had tried mulching on their properties and said that the mulched leaves acted as fertlizer, yielding healthier lawns. They urged their neighbors to give it a try and recommended landscapers who use mulching blades and do not charge extra for the service.
However, as Mayor Steve's term draws to a close, Sterling appeared frustrated that no action had been taken. Steves let her know that the measure would be considered during next year's budgeting process but that for now, the funds for education and leaf pick-up had already been allocated for the 2015-16 Village budget. He added, "that is not to say that another board might do something differently."
Sterling appealed to the Mayor to take action this year, asking him to, "consider it so that there can be some resolution either for or against? As chair of the committee, there are many citizens who are for change, I am trying to move forward with an issue that's important to a lot of people, not just me."
Scarsdale Cable:
Michael Rubin of the Scarsdale Cable Commission announced changes to the public access channel and thanked the trustees and village managers for their support. He said, "The village is on the way to having a channel that the residents expect and deserve. We have built a new website, www.scarsdalepublictv.com that will be entertaining and informative and we have renovated the Scarsdale Cable website to show high quality videos about Scarsdale."
Revaluation:
Also coming to the microphone was Bob Harrison of Scarsdale Taxpayer Alert to urge the trustees to reconsider a resolution that was passed to conduct a second tax revaluation this spring. Harrison attempted to draw an analogy between the revaluation and a 1989 village contract with a consultant who was retained to formulate a bulk volume law that would require residents to formulate their home volume before construction.
He reproached the board for granting a "no-bid contract to John F. Ryan for $245,000 to do the second revaluation. Harrison asked if any other vendors were considered and wanted to know why Ryan had said that Tyler Technologies, (the firm that conducted the initial revaluation) was doing a good job when he was retained for $115,000 to monitor the first revaluation.
Referring to ongoing grievances from the first revaluation, Harrison said, "We still have 750 SCARS and Cert cases out there. These will be expensive to resolve. Each one could cost $1,000- $2,000 to settle. We are asking the Board to reconsider their decision to spend $245,000 for something that won't benefit Scarsdale. It seems absurd. No one has defended this decision. On Scarsdale10583 where the story was written up, commenter's questioned the decision. Harrison read these comments to the Board and said, "I have not seen this many comments on any other story."
He concluded by saying, "Support the next reval for 2018. We will circulate a petition. We have been through a stressful reval process and now is the time to let the dust settle."
Steves responded to Harrison and assured him that he reads his email on a daily basis and "has not seen many emails on this subject." He told Harrison, "You make a supposition that we wasted money on the consultants in 1989 and on John Ryan now. You insinuate that the board does not know what it is doing. We have been as open as possible. I resent the idea that no-bid contracts are sinful and deceitful. The Board relies on the professional staff to make good decisions." He continued by saying, "Getting us back where we need to be is difficult – but if we are going to do it, we want to do it right. "
In other business, the Board of Trustees approved the following:
30 Murray Hill Road:
In other business, the Board accepted a recreation subdivision fee of $92,500 for subdivision of a lot at 30 Murray Hill Road. Though the subdivision will create two non-conforming lots, lawyers for the Ansells of 30 Murray Hill Road argued that their application should be considered under the zoning code that was in force before 1947 when there were no minimum lot size requirements. The property has always been divided into two tax lots and the Ansell's ultimately won their battle to construct a second home on the additional lot.
2-4 Weaver Street:
The board set the fee for the building permit for the new condominium building at 2-4 Weaver Street at $94,680 with additional permits to be required for the individual condominium units. The building department will retain a building inspector to monitor the work. Developer Frederick S. Fish estimated that the construction would cost $6,575,000.
Streaming Online Video:
The Village will now have the capability to stream video online on their website. Under a new agreement with SWAGGIT Productions, the Village will purchase equipment and stream village board meeting on the web. They will also be able to index meeting agenda items, offer search and archiving. The cost for the equipment is $4,235 and the streaming will cost $500 a month or $6000 a year.
Recreation Fees for 2015-16
The Board approved a schedule of recreation fees for 2015-16.
15K/4 Mile Run
The Board approved a 15K and a 4-mile run through the Village, slated for April 19, 2015.
Plastic Bags:
Trustee Deb Pekarek announced that the County Board of Legislators would hold a public hearing on a new law involving the use of plastic bags and polystyrene at retail establishments at 3 pm on February 23 at 148 Martine Avenue in White Plains.
Letter from CNC Chair Robert Berg: The Committee Did Its Job
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Here is a letter from Scarsdale Forum President Robert Berg who served as the Chairman of the Scarsdale Citizens Nominating Committee this year: As the current President of the Scarsdale Forum, I had the privilege this year of leading the Citizens Nominating Committee as its non-voting Chairman. As Chairman, I do not vote on any of the potential nominees for Village office, nor do I give any of my opinions. My role is simply to make sure that the process is fair to all involved and that the procedures of the Non-partisan Resolution are followed. Importantly, except for the public portion of the first meeting of the CNC, which is televised, all proceedings of the CNC are conducted in strict confidence. The purpose of confidentiality is to encourage as many interested residents as possible to throw their hats in the ring for consideration without feeling any public embarrassment should they not be selected. The members of the CNC are aware of the need for confidentiality, and that is something that I emphasized at every meeting.
That's why I'm disappointed in the tack the Inquirer took in reporting on the outcome of the CNC process this year. Now, I don't know who told the Inquirer that Trustee Thomas Martin had sought endorsement for a second term from the CNC and that he had not been re-nominated. I personally doubt that the information came from a sitting member of the CNC (at least, I hope not, and if it did, I apologize on behalf of the CNC). My guess is that the Inquirer contacted Mr. Martin and asked him whether he had sought the CNC's nomination for a second term, and he told the reporter that he had, but that he did not receive the nomination.
Now, I understand that the Inquirer is a newspaper and the selections by the CNC are a major news story for Scarsdale residents. I don't at all fault the Inquirer for reporting on the selections, though the newspaper could have handled Mr. Martin's situation more delicately. What I find offensive is the Inquirer's editorial, which impugns the integrity and hard work of the Scarsdale residents who have volunteered their free time to responsibly serve on the CNC. The Inquirer's editorial wildly speculates as to why the CNC did not re-nominate Mr. Martin. I don't find such speculation responsible or helpful to the non-partisan process which the Inquirer has long supported.
I will, of course, preserve the confidentiality of the discussions of the CNC. But, in light of the Inquirer's editorial, I believe it is important that the public know that the process followed by the CNC was fair and thorough. The CNC met four times for a couple of hours each time between early December and late January. The members (and the public) heard the Mayor and several sitting Trustees at our open session explain what characteristics the CNC members should be looking for in candidates. As Chairman, I directed CNC members to solicit as many qualified residents as they could to submit their names for consideration for Village office. Many well-qualified potential nominees were asked, and a number of well-qualified potential nominees decided to submit themselves for consideration and appeared before the CNC. After hearing from each, the CNC members conducted extensive due diligence on each potential nominee. The CNC members went beyond the list of references provided by the potential nominees. Most importantly, only due diligence from sources who agreed to speak for attribution was allowed, pursuant to the rules of the Non-partisan Resolution. Therefore, no one was allowed to say, for instance, that a source who did not want to be identified said that Joe X is difficult to work with.
After extensive discussion of all the potential nominees, voting for each position took place by secret ballot. I personally tallied the vote, with SNAP's non-voting CNC member, Lucas Meyer, validating the count. After the various rounds of voting were completed, the CNC had selected as their party's candidates Jonathan Mark for Mayor and William Stern, Matthew Callaghan, and Carl Finger for Village Trustee.
As Chairman, I was very impressed with how seriously the voting members of the CNC took their responsibilities to select their candidates and the sensitivity with which they expressed their comments about potential nominees. I know that I-- and all the members of the CNC thank Trustee Martin for his excellent and dedicated service to our residents. We believe that the CNC's candidates this year will likewise provide outstanding and dedicated service to our residents, and we hope that residents will support these candidates by coming out and voting in the March Village elections.
Apply to Serve on Scarsdale Village Boards, Councils and Committees
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The Personnel Committee of the Village Board is asking interested residents to submit their names for volunteering to serve on Village Boards, Councils and Committees. There are currently openings on most Boards and Councils, with new terms commencing on April 6, 2015.
Trustee Deborah Pekarek, Chair of the Personnel Committee, strongly encourages residents to apply for these positions, by submitting their names, together with a listing of community service and relevant professional background. It is also helpful for Scarsdale residents to recommend other residents for consideration. Please submit contact information including email addresses. The information may be submitted in one of two ways:
• Via the Village Website – At www.scarsdale.com, click "read more" under
* Volunteers Needed for Boards and Councils (located under Village News on the home page). On the next screen, complete the on-line application form under "Boards and Councils Applications" and follow the on-screen instructions.
• Via Village Hall – Applications should be forwarded to Trustee Deborah Pekarek at Village Hall, 1001 Post Road, Scarsdale NY 10583.
All materials should be received at the Village website or Village Hall by March 6, 2015. Residents should feel free to contact the Village Clerk, Donna Conkling at 914-722-1175 or via e-mail, dconkling@scarsdale.com for further information.
Pursuant to the general policy adopted by the Village Board, guidelines for membership on Scarsdale's appointed Boards, Councils and Committees cover four areas:
1. Residency
Boards, Committees and Advisory Councils are comprised of residents of the Village. While comments from outside the community can be sought as needed, actions recommended or taken by Boards, Committees and Advisory Councils should ultimately reflect the views of Village residents.
2. Professional or Business Affiliation
Various professional skills and training are required by Village law or deemed desirable by the Village Board of Trustees for the successful fulfillment of some Board, Council or Committee charters.
3. Civic Interest and Involvement
The majority of the members of Village Boards and Councils are appointed by reason of demonstrated interest in Village affairs, through volunteer involvement. Scarsdale is the beneficiary of a long history of voluntary civic endeavors. Since the overriding purpose of Boards, Committees and Councils is to assure the continuation of high community standards, it is appropriate that members on Boards, Committees and Councils be those residents who have demonstrated willingness and initiative to work in support of this objective.
4. Specialized Knowledge
Certain Boards, Committees and Councils benefit by having one or more members with specialized knowledge. For example, the Land Use Boards (Board of Appeals, Planning Board, and Board of Architectural Review) would benefit the services of residents with a background in architecture, architectural design or engineering. The Cable Television Commission benefits by having people with knowledge of the communications industry; the Advisory Council on People With Disabilities would benefit from the experience of residents with disabilities; the Advisory Council on Youth would benefit from people who have worked with young people; the Advisory Council on Parks and Recreation would benefit from having a parent active in the Recreation Department's Elementary School Sports Program.
APPLICATIONS
Applications should be made in writing and should include information on the candidates' civic involvement, work experience or other qualifications in sufficient detail to help the Village Board evaluate the prospective candidate. Applications should be submitted via the Village website or sent to Trustee Deborah Pekarek at Village Hall, 1001 Post Road, Scarsdale, NY 10583 by March 6, 2015.
The following are the terms of office, and responsibilities for members appointed to the Boards, Councils and Committees:
BOARD OF APPEALS - (5 years - one term). Rules on appeals from zoning requirements, including setbacks; on permits for construction of swimming pools and tennis courts, and on non-conforming uses.
BOARD OF ARCHITECTURAL REVIEW - (3 years - two terms). Its basic purpose is to preserve the character and appearance of the Village. Review of all applications involving construction of buildings, or additions to, or reconstruction of existing buildings affecting the exterior appearance.
PLANNING BOARD - (5 years - one term). Advises Village Board on master planning; rules on applications for sub-division of lots, street designations, construction in wetland areas and non-residential buildings.
BOARD OF ETHICS - (5 years - one term). Possible conflicts of interest or other
issues of ethics affecting Village personnel and elected and appointed officials are referred to this Board by the Board of Trustees.
CABLE TELEVISION COMMISSION - (5 years - open-ended terms) Works with the Village's Cable Coordinator to develop interesting and creative public access programming for Scarsdale Public Television (SPTV -- channels 42/76) and Scarsdale Government Television (SGTV -- channels 43/75). Assists with the training of volunteers and works within the Scarsdale Community to raise awareness and increase resident participation. Advises the Village Board of Trustees with regard to cable television policy. Negotiates the renewal of cable franchise agreements with cable providers. Commissioners are expected to attend monthly meetings.
CONSERVATION ADVISORY COUNCIL - (2 years - open-ended terms). Advises the Village Board on such matters as programs, areas, facilities, public relations and other matters pertaining to environmental sustainability.
COMMITTEE FOR HISTORIC PRESERVATION - (3 years - two terms). Determines if a structure located in the Village for which a permit for demolition has been requested is a structure of historical importance.
LIBRARY BOARD - (5 years - one term). Responsible for the administrative and operating policies of the Scarsdale Public Library. Operates independently of the Village Board and selects its own President.
ADVISORY COUNCIL ON PEOPLE WITH DISABILITIES - (2 years - open-ended terms). Advises and assists the Village Board in matters of concern to residents with disabilities. Assists with programs and activities, increases public awareness of the needs of the disabled, acts as liaison with other Advisory Councils and promotes participation in community affairs by disabled persons.
ADVISORY COUNCIL ON HUMAN RELATIONS - (2 years - open-ended terms). Considers and recommends actions at the request of the Village Board to foster mutual respect and understanding among all members of the community.
ADVISORY COUNCIL ON PARKS AND RECREATION - (2 years - open-ended terms). Promotes the recreation program in the Village and advises the Village Board on the use of Village parks for recreation and passive uses, recommends the use or non-use of all open space, and acts as a liaison between the Village Board and the community on all matters relating to recreation and parks.
ADVISORY COUNCIL ON SCARSDALE SENIOR CITIZENS - (2 years - open-ended terms). Advises and assists the Board of Trustees in all matters concerning the senior citizens of the Village of Scarsdale.
TOWN BOARD OF ASSESSMENT REVIEW - (5 years – open-ended terms). This Board reviews property tax grievances filed with respect to property tax assessments.
ADVISORY COUNCIL ON TECHNOLOGY - (2 years - open-ended terms). This Council has a broad mandate in advising the Village Board and staff on technological matters. It provides advice, explores strategic options, and develops recommendations on how the Village Board can best utilize technology, including the Internet to improve efficiencies.
ADVISORY COUNCIL ON YOUTH - (2 years - open-ended terms). Advises and assists the
Board of Trustees in responding to the needs of Scarsdale's young people and works to
generate a favorable climate for growth and development of youth in the community.
JUDICIAL QUALIFICATIONS ADVISORY COMMITTEE - (5 years - two terms). The Committee's function is to assist the Citizens' Nominating Committee and the Mayor, respectively with the selection of individuals who are qualified for the offices of Village Justice and Acting Village Justice.
REPRESENTATIVE TO SCARSDALE ARTS COUNCIL - (2 years - open-ended terms). At-large representative (total of 4 appointed by the Mayor) to the Scarsdale Arts Council Board. The Council's mission is to encourage the arts to flourish in Scarsdale by, among other methods, improving communication among arts programs and by attracting grant support and to raise public awareness and participation in the arts.
Juno Brings Little Snow to Scarsdale
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Likening would-be winter storm Juno to the 1966 film, "The Russians Are Coming," Scarsdale Village Manager Al Gatta did not mince words when he expressed his frustration with the circumstances surrounding the Village's storm preparedness drill on January 26-27.
After dire forecasts from the National Weather Service and more communications than he could count from Governor Cuomo and County Executive Rob Astorino, Gatta instructed staff to open an emergency operation center on Monday and kept almost 60 Village employees including police, fire, sanitation and managers on duty all night, awaiting what was supposed to the mother of all storms. Expecting hurricane strength winds and two feet of snow, Gatta and his team were staffed up to confront an Armageddon that failed to arrive.
Plows were out all night clearing scant accumulations, while the Village budget accrued the expense of paying overtime to the staff.
Could this have been avoided? Gatta said, "We did not have accurate information. Even when the storm steered away from New York, the weather service did not alter their forecast. There was no wind – just an overblown report from the Governor."
Was the exaggerated forecast an outcome of social media and the ease of transmitting information? That's something that will take months to investigate. Clearly, after the devastating effects of Hurricane Sandy, politicians and officials are afraid to be blamed for putting constituents in harms way and seem to err on the side of caution. When the Governor was charged on Tuesday with overreacting he told CNN, "Better safe than sorry," "Hindsight is 20/20. You act on the information you have at the time." Later Tuesday morning he told reporters at a press conference, "We've had people die in storms ... I'd much rather be in situations where we say, 'We got lucky.'"
However a total shutdown of New York, including all transportation systems, the airports, schools and businesses will come at a high cost and next time officials may hedge their bets and implement more flexible plans that allow them to adjust to the weather as it occurs. For his part, Gatta is calling for the Governor to reimburse local municipalities for the expenses incurred due to the threatened storm.
In Scarsdale, with the roads clear and snowfall on the wane, Mayor Bob Steves lifted the state of emergency that had been declared effective 9 am on Tuesday. Though roads are open – almost nothing else in town is operating. As of Tuesday afternoon, Metro North announced that train service will resume on a Sunday schedule and return to normal on Wednesday.
This could well be Gatta's last storm drill in Scarsdale as he has announced his plans to retire at the end of the fiscal year. He told Scarsdale10583 that he's "ready for some peace and quite from now until June."
