Concerns Over New Castle Property Maintenance Law Chapter
Members of the New Castle Conservation Board expressed concern last week that a proposed new section of the Town Code designed to address neglected property maintenance could ensnare homeowners who want to maintain longer grass and other foliage.
Town officials are considering adding Chapter 93 to the code to more effectively regulate property maintenance. That section of the code would provide specific parameters to the building inspector for better enforcement of abandoned or so-called zombie properties in hopes of having prompt and more effective remediation of parcels in question.
But at last week’s public hearing, three Conservation Board members warned that residents who opt against the traditional manicured lawns to prevent runoff or attract pollinators could be subjected to frequent complaints from neighbors. The proposed chapter states that the curtilage of a home, which includes the principal dwelling, yard and any outbuildings, must not have vegetation exceeding 10 inches, except for cultivated vegetation or flower or pollinator gardens.
“We don’t know how this is going to be interpreted by the public and in a time where it is so important to be encouraging people to be having more ecologically-landscaped properties,” said Conservation Board member Melanie Klein-Smith. “I think that’s a real risk (to) consider, to ask for compliance of the 10 inches. It may seem like a minor point but in speaking with my neighbors who have different landscape properties than I do, I would like to have conversation with the neighbors so it never gets to a compliance situation to increase understanding.”
A property owner could be fined up to $200 for each day that the property fails to be adequately maintained.
Karen Bazik, another member of the Conservation Board, held a species of grass that was more than a foot long and said these types of long grass are common in New Castle. She said an increasing number of residents are choosing to plant or keep their grass taller to attract pollinators or to prevent excessive runoff.
“These kinds of grasses, they’re all over town,” Bazik said. “They’re in our town properties, they’re on private properties, they’re in front of the local store, these long grasses. So our concern with grass is that people are thinking of turf grass, they’re thinking lawn grass and that needs to be cut.”
Town Board members said it is not their intention to have homeowners badgered by other residents for not having a perfectly manicured property. In fact, they said, the proposed local law is more lenient than New York State guidelines, which uses the 10-inch limit, because it specifically states that residents can choose to have gardens and longer cultivated vegetation.
Supervisor Lisa Katz said the intent of the law is to address zombie and neglected properties and make sure properties are safe, not to have Building Inspector Tom DePole snoop around looking for violations or to encourage a torrent of complaints over the length of grass.
“What it would impact is somebody who has an abandoned property where there are significant safety issues,” Katz said. “That is what this is meant to get at.”
Conservation Board member Victoria Alzapiedi said that portion of the new chapter could send a mixed message to residents, encouraging more sustainable practices while potentially being penalized or threatened with penalties for doing just that. The Conservation Board is ready to help educate residents about the benefits of greater growth, she said.
“A lot of the education is about don’t manage your properties, let things go wild a little bit,” Alzapiedi said. “The more you let nature happen, the more you’re supporting insects, you’re supporting birds, you’re letting things happened, not using pesticides, not using chemicals. You’re letting nature go back to what it’s supposed to be.”
Councilman Christian Hildenbrand said he had a difficult time envisioning a scenario where a law that refers to zombie properties or neglected or abandoned properties would encourage residents to demand that their neighbors do a better job at maintaining their lawns.
He agreed that educating the public will be an important component.
“I think as a community if this is the first step in getting us to the goal of saying you can do it and there won’t be a penalty but actually encouraging it, I think we’re taking that first step,” said Hildenbrand.
The board closed the public hearing and is expected to vote on the proposal at an upcoming meeting.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/