Shelter Island tree code could be in the works: Next step is seeking input from public

Two members of a special preservation subcommittee might have expected some push-back on their proposal to create a tree protection code applying to private properties.  The existing code applies only to public properties.There is a conscious effort to balance property rights with environmental concerns.

Tim Purtell and Sean Davy have been working with Dan Clark for the past year and a half to explore what it would take to ensure an end to clear cutting of lots, as well as legislation limiting removal of trees from private properties.

The subcommittee was the brainchild of former councilman Jim Colligan, who during his Town Board service asked the three men, all of whom have extensive experience in conservation and preservation, to begin an exploration of what other municipalities are doing and why they’re taking actions to save their trees.

It’s far more than simply beauty and community character being preserved, Mr. Purtell told the Town Board at its Feb. 25 work session. Trees are vital to a Town dependent on a sole source aquifer, helping to control water pollution, erosion and flooding. 

“The trees are really a fundamental part of our ecosystem to create having a healthy aquifer and it’s just under-appreciated,” Mr. Davy said. “People just don’t value trees at all.”  

Older trees especially help combat climate change by sequestering carbon, Mr. Purtell said. When trees are removed, it takes years to replace them. A trend to increased construction and renovation is threatening Island trees, as are threats from southern pine beetles that have migrated north and are devastating pine trees, he said.

Borrowing from tree codes in effect in Southampton, East Hampton, Sag Harbor and some Nassau County towns, the subcommittee is crafting a list of what it would like in a new law.

It’s not yet fully fleshed out. Mr. Purtell is asking for public input with a request for emails sent to him at [email protected]. He said the Town policy of not taking input until a public hearing is held makes residents feel shut out from decisions being made.

Among the initial thoughts the subcommittee has about future organization of the effort is initiating a permit process handled by an appointed “Tree Board” that would operate much as the Planning Board and Zoning Board of Appeals. The subcommittee suggested hiring an arborist, a Town worker or emergency service worker to inspect trees property owners want to remove to determine if they damaged or hazardous. Councilmen Albert Dickson, Benjamin Dyett and Gordon Gooding pronounced themselves in favor of the idea, while Supervisor Amber-Brach Williams and Deputy Supervisor Meg Larsen didn’t object to the idea, but hesitated on the timing. Both expressed concern about bringing a new goal to the list of priorities for Town Board action at a time when they are already swamped by initiatives already in process.

“I have no problem putting it on the agenda, but something else is going to have to give,” the supervisor said.

Mr. Dyett had questions for interim Town Attorney Steven Leventhal about his experience with similar legislation. Mr. Leventhal, who worked as an attorney in Muttontown, a Nassau County village where similar legislation exists, said the code has to be strictly enforced and penalties for violations must be strong. He reminded Town Board members that just as the South Fork’s character is defined by its beaches, the North Fork and Shelter Island are defined by their trees. He also brought up the idea of mitigation — requiring the owner of a property where a tree is removed to replace it on the property or a public site if there is a valid reason not to plant the replacement on the original property. He said fines are in use for violations based on the size of trees removed without a permit.

Pine trees were exempt from the law in Muttontown along with saplings to give the young trees time to become established on sites. Emergency tree removals there had to be photographed and examined to determine if the removal was, in fact, an emergency that merited it to be removed as quickly as possible.

Ultimately Ms. Brach-Williams asked that the subcommittee put together a list of issues to be posted to the Town website to help those who wish to comment. Then, in about five weeks, the subcommittee can return to a Town Board work session to discuss the input it’s received and make suggestions for establishing a tree preservation ordinance.

Once the subcommittee provides public comments and a draft of what they want the legislation to include, it would be turned over to the attorney to write with all the necessary legal provisions, and a public hearing would be scheduled.