Letter to the Editor

How to Destroy Webster’s Undeveloped Forests in Three Easy Steps--legally 

Before we begin to describe the legal process for destroying our forests let’s first consult the Town of Webster Comprehensive Plan to learn what our goals are. 

“Surrounded on two sides by water and retaining much of the open aspect of its agricultural past, the Town of Webster is a community of leafy neighborhoods and significant open space. The Town continues to grow, however, and over 50 percent of its land area is now developed. Open space, natural areas and farmland are becoming increasingly rare in Webster, and with development continuing, it is increasingly important to ensure that the green open space quality so characteristic and valued in the Town is preserved.”   

“Keep Webster green by protecting natural resources and maintaining and enhancing open space.

This plan proposes several methods of accomplishing this, including extending the area of the Large Lot zoning district; enhancing the clustering options within the Large Lot district; increasing use of environmental protection overlay districts; the tightening of restrictions on timber removal in these districts; expanding use of clustering in residential development; increasing use of conservation easements; increasing the required percentage of green space in commercial, office and industrial districts; and expanding the Town’s system of trails by utilizing stream valleys and other natural areas.” 

“Require developers to incorporate open space and sensitive environmental features into the design of development projects.” 

“Preserve and enhance the Town’s aesthetic and scenic resources, including the Lake Ontario and Irondequoit Bay waterfronts, the Sandbar, stream valleys, orchards and woodlots, farmland, and open space.” 

“Retain as much land in open space as possible, especially those lands with woodlots, sensitive environmental conditions, or special scenic qualities.” 

“The concept of, and protections for, ‘critical environmental areas,’ as defined by the NYS SEQRA regulations, should be codified and designated. The town’s Open Space Committee should recommend to the Town Board those rare areas in the town that would benefit from this designation.” 

“Restrict timber removal to ‘light touch’ techniques, and aggressively restrict timber/vegetation removal in the lake and Bay watersheds.” 

Now that we know what Webster’s Comprehensive Plan recommends, lets see how easy it is to circumvent the plan. 

Let’s say that you are a developer and you want to develop an old growth forest in Webster.  First, you would contact the owner of the property about making the purchase.  In your negotiations, you could suggest to the owner that you would like to have the land cleared or partially cleared before you take ownership.  Alternatively, as a landowner, you could opt to have your forest logged for all of the valuable wood before selling it to a developer.   

The developer would then acquire through purchase a completely or partially deforested property. 

Bear in mind that neither the landowner or the developer needs a permit for the above actions.  The developer will later have to submit a plan to the Town of Webster Planning Office, but by then the forest in question will have been completely or partially destroyed.   

If there is any forest left at this point, Webster residents can request an easement that requires the developer to preserve approximately 20 feet of woods between adjoining properties to preserve privacy and the aesthetics of the neighborhood.   

What was once a forest measured in acres has now been reduced to tens of feet.   

The last deathblow to Webster forests arrives with the development of the property.  The new homeowners will likely see the old growth trees on their lot begin to die and threaten the safety of their homes.  Why?  Because when the ground around the trees is disturbed by bulldozers and construction machinery the roots of trees closest to the new houses are damaged.  Additionally, remember that the forest has been logged and the remaining trees are not worthy of logging because they are too small or not desirable wood.  The remaining trees may not be healthy to start with. 

What any sensible homeowner would do in a situation like this, would be to cut down the damaged trees that threaten their homes.  The tens of feet of remaining forest are thus reduced to feet or none.

It doesn’t have to be this way.  Other cities have managed to add restrictions to their city code that protects trees.  One such city is Carmel, California where a permit is required to cut down a tree.  Notice that I said tree and not forest.  The following is quoted from Carmel’s code which is online at http://www.carmelcalifornia.com/.  Click on “Muni Code” and look for code 17.48.050 Required Permits. 

“For the purpose of safeguarding trees during construction, demolition or tree removal, the following conditions shall apply to all trees other than trees for which a removal permit has been issued: 

“A. Protection of Existing Trees.  

1. Prior to the commencement of construction, demolition or tree removal, all trees on the building site shall be inventoried by the owner or contractor as to size, species and location on the lot, and the inventory shall be submitted on a topographical map to the Building Official. This condition may be waived by the Building Official for tree removal and minor demolition. 

2. Damage to any tree during construction, demolition or tree removal shall be immediately reported by the person causing the damage, the responsible contractor or the owner to the City Forester, and the contractor and/or owner shall treat the tree for damage in the manner specified by the City Forester. 

1. On a vacant lot or any lot on which any existing building is to be altered, rebuilt or demolished and replaced, a tree removal permit shall be required for the following trees.

a. Removal, replacement, cutting down, or destruction of any tree identified on the Carmel-by-the-Sea Recommended Tree List (see LUP Appendix G2: Forest Management Plan) having:

i. An average diameter of greater than two inches; or

ii. A circumference greater than six and one-fourth inches, measured at a point four and one-half feet above the ground level.

b. Any alteration of a tree that would remove:

i. Roots greater than two inches in diameter; or

ii. Live limbs greater than four inches in diameter.

2. Removal of Pine, Redwood, Oak, and Cypress Trees When Not Related to Construction. A tree removal permit shall be required for the removal, replacement, cutting down, or destruction of any pine, redwood, oak, or cypress tree having:

a. A diameter equal to or greater than four inches measured at a height 4.5 feet above the ground; or

b. A circumference greater than 19 inches.

3. Removal of Other Tree Species When Not Related to Construction. A tree removal permit shall be required for the removal, replacement, cutting down, or destruction of any species of tree capable of growing to a minimum of 25 feet in height growing on private property and having:

a. A diameter equal to or greater than 10 inches; or

b. A circumference greater than 32 inches.” 

According to Carmel’s City Forester Mike Branson, they inventory a section of their city’s trees every year with the help of volunteers. 

If Webster had a similar tree friendly code, the forest at the end of Rolins Run and other forests in Webster would have a chance.  Unless Webster changes its code we will see all of the remaining unprotected forests in Webster destroyed--legally. 

Max Lent
812 Coventry Drive, Webster, NY 14580
Telephone: 585-670-9707
http://www.maxlent.com