It took six public hearings, and nearly a seventh, but the Sag Harbor Village Board finally passed a tree preservation law at its Feb. 13 meeting. Property owners who want to remove a tree with a diameter at breast height of 12 inches or more must now first obtain a permit from the Building Department.
“Motion to close the public hearing,” Mayor Gardella said.
“So moved,” answered the board’s Aidan Corish.
“Second?” said Mayor Gardella.
“Eileen’s hand is up, guys,” interjected Liz Vail, the village attorney.
“We almost had it closed,” Mayor Gardella said.
Eileen Rosenberg, long an advocate for the law, spoke to point out that she and Jayne Young, another tree advocate, had reviewed the draft of it and hoped it would include a section regarding revegetation. “We understand this may be something that will possibly extend adopting this law?”
But the board wasn’t interested.
“I would like to adopt this and amend it if we need to. We need to get this one over the line,” Mr. Corish said.
“We’re starting to sound like Congress around here,” said Bob Plumb, a board member. “We’ve got to get something done.”
The board voted unanimously to close the public hearing and adopt the law.
There are many examples of village properties that once had old trees that in the last few years were removed and replaced with sod and smaller shrubs. Part of what extended the debate over the law was the diameter of trees that would require a permit before removal. An earlier draft had the measurement set at 18 inches, a size suggested by Ed Hollander, a member of the village’s open spaces committee. After public outcry, it was reduced to 12 inches.
A survey will also be required for a property owner seeking to remove a tree with a diameter over 12 inches, which some critiqued as too onerous a request.
If an International Society of Arboriculture-certified arborist declines a homeowner’s request to remove a tree, the homeowner may appeal. Should a homeowner remove trees without approval, in violation of the law, the fine may be up to $1,000 per tree removed. Any application for a building permit that includes tree removal must also include a new “tree removal permit application.”
The law gives the building inspector the authority to issue a stop-work order on any property where trees are removed unlawfully.
