Guest Columns

A Developer’s Errant Tree Removal: A Cautionary Tale for Pocantico Lake

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The Examiner News story “Developer Apologizes for Wrongful Tree Removal in Pleasantville,” (March 12-18) presents a cautionary tale for the Save Pocantico Lake community.

Reporter Abby Luby wrote that while building two houses in Pleasantville, developer George O’Reilly cut down five trees without authorization. The developer admitted to this destructive act, explaining it would have been costly to delay his construction to consult with the building inspector for added approvals.

With the trees gone, the article reported that the village can’t even fine the developer.

Moreover, his violation follows two other Pleasantville developers who flouted building guidelines.

So, what do residents of neighboring Mount Pleasant think may happen if Supervisor Carl Fulgenzi’s Planning Board approves ZappiCo’s proposal to bulldoze and chainsaw at least six acres of steep, forested hilltop above Pocantico Lake in order to build a cluster of 32 McMansions?

Alarmingly, the stakes at the Pocantico Lake site, as compared with the two-home Pleasantville location, that lost five unauthorized trees, are far greater.

Who or what will prevent ZappiCo from following the O’Reilly playbook – cut trees at will, apologize for the irreplaceable transgression, walk away unscathed and leave the community viewing, in essence, a strip mine, where there is now a gorgeous, wooded shoreline.

Numerous experts have told the Planning Board that ZappiCo’s plans are so murky and unintelligible, if not intentionally ambiguous, it’s not even possible to know the locations and quantity of trees it proposes to clear from the Pocantico Lake shoreline.

Terrence Dewan, a landscape architect with five decades of resume, testified that the muddled ZappiCo proposal “…indicates existing trees that will be removed with an X. This seems to imply that other trees on the plan will remain. However, the legend includes ‘forested area to be removed,’ which is confusing. Similarly, the plan shows trees to be ‘selectively removed’ behind the proposed homesites, leaving existing trees that seem to be preserved to maintain the character of the site. However, all of the lots above the lake have a drainage swale running in a northerly direction to the stormwater basin…that would require the removal of all trees between the rear of the house and the top of the retaining wall.”

Got it?

The ZappiCo plans are so vague it’s not clear whether the developer intends to remove six acres of trees, which is commonly mentioned, or nine acres – 50 percent more – with profoundly greater environmental impacts that the developer must account for in the Draft Environmental Impact Statement (DEIS).

If experts like Dewan can’t figure out what ZappiCo is proposing, how can the Planning Board possibly review the project, let alone approve it? And how will the town ever oversee a development plan that no one understands?

If the developer can’t provide an honest survey of, for example, the number and species of trees on its property, and do so without plagiarizing from unrelated manuals (among dozens of other critical omissions), how can the Planning Board and community ever have confidence that ZappiCo’s bulldozer and chainsaw operators will act responsibly when clearly cutting the lakeside hilltop?

When that time comes, will Supervisor Fulgenzi simply throw up his hands and say he couldn’t have known and couldn’t have stopped it?

And once the project is built, and the developer leaves the site, little will prevent the new homeowners from clearing remaining trees in order to improve the views from their decks, experts warned the Planning Board.

It is preventable, and it would be tragic to read another Examiner article headlined “Developer Apologizes for Wrongful Tree Removal.” Only this time it would refer to a priceless Westchester gem, Pocantico Lake.

With proper leadership from Mount Pleasant town officials, this should never occur.

Todd Shapera is a Pocantico Hills resident and has been opposing the proposed cluster project.

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