A pared-down version of legislation placing restrictions on tree removal on private property and codifying protections of public trees was passed by the Tuckahoe Village Board at its March 1 meeting and went into effect immediately.

A few components of the law, supported in the final vote by all members of the board except for Trustee Luigi Marcoccia (R), had been modified in order to gain wider support among the board members and to seek to assuage some of the earlier public outcry against the measure.

The law that was passed allows that trees under a DBH (diameter breast height – a particular measurement used by arborists) of 10 inches may be cut down without notifying the building department and that a maximum of two trees above 10 inches DBH may be cut down over a period of two years without penalty.

The original language of the law had specified that only trees smaller than eight inches DBH could be cut down without notification and stated that one tree larger than that measurement could be cut down per year.

The revision of the latter aspect of the bill was undertaken to allow residents to save money by cutting two trees down at once. The law that passed, like its earlier form, states that permits from the building department can be requested for the removal of additional trees due to disease, obvious threats to safety and upcoming building projects.

Village of Tuckahoe Trustee Clare Gorman (D), who serves as the village board liaison to the tree committee, helped to spearhead the legislation along with the membership of the committee, chaired by Elaine Garry.

“We were talking in the committee about the need to preserve the trees for not only the environmental reasons but also the
quality-of-life issues,” said Gorman.

She explained that the process of forming the legislation, begun over a year ago, involved looking at close to 10 other municipal tree ordinances in Westchester County and piecing together one of the less strict policies of those the committee examined.

Although she had supported maintaining the eight-inch DBH provision of the law, Gorman said that she and the members of the tree committee were happy to compromise, if it meant the passage of the legislation.

“I’m thrilled that we have something on the books preserving and recognizing the importance of the trees all around us,” said Gorman.

Mayor John Fitzpatrick (D) had previously stated that he was on the fence about the legislation. However, he said that his decision to vote in favor of the law was made based on his belief that “this was really going to be focused on developers coming in and cutting down a lot of trees on properties.”

Monday night’s discussion of the tree legislation was not without a detractor. Tuckahoe resident Anthony Lore spoke on the issue, expressing his belief that he was not alone in thinking the law was invasive.

“I think that [the law] is invading someone’s privacy,” he said. “I know a lot of people have told me they’re going to be very disappointed [if this passes].”

Lore also took an opportunity to urge the two Republican board members specifically to vote down the proposal. Addressing Marcoccia, Lore said, “Louie, if you or Steve [Ecklond] vote for this you’re going to disappoint me.”

Marcoccia said that his decision to oppose the measure was not solely due to the plea from Lore. “In addition to what he had to say, there are [other] residents that feel the way he feels,” he said. “People feel that, ‘If I have this tree in the backyard that I planted, I should be able to cut it down.’”

Marcoccia, who said he had based his vote on all the input he had received in the months of discussion on the proposed law, also said that a primary objection he had to the law was the fact that it did not include an exemption for fruit trees.

Although talk of including such an exemption stalled at a previous board meeting when it was pointed out that all trees do, technically, produce fruit, Marcoccia said he thought the phrase “ornamental trees” would have provided a clear label for exemption under the law.

The vote on the tree legislation at Monday’s meeting was preceded by the unanimous repeal of a 1966 law regarding a “Shade Tree Commission,” the provisions of which would be duplicated or overridden by the new law.

“I’m glad that we finally wrapped up the tree ordinance,” said Tuckahoe Deputy Mayor Ecklond, who called the law “a fair compromise” and thanked the Tree Committee for its work.

Ecklond continued, “Having a tree ordinance in the village will give this year’s Arbor Day ceremony a little more importance.”