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HomeMy WebLinkAboutAppearance Ticket No. E 1091 2021-6-23'LAr (aJO ZceeS cvk VlUl0.}tac'1 4, NQ,oj Ib�2"1 �2d`Z� "a (e v t4 .'u JJ JUSTICE COURT OF THE TOWN OF RYE STATE OF NEW YORK: COUNTY OF WESTCHESTER ------------------------------------------------------------------------------X 19 PEOPLE OF THE STATE OF NEW YORK, -against- NICHOLAS PALMIERI AND/OR BARBARA No . E . 1091 PALMIERI ------------------------------------------------------------------------------X Be it known that I, STEVEN E FEWS, the complainant herein and duly authorized Code Enforcement Officer of the Village of Rye Brook, do hereby accuse the defendant(s) named above, residing at 51 Hillandale Road in the Village Of Rye Brook NY 10573 who are the believed Owner(s) of the property at which the following offences were committed, at 51 Hillandale Road Rye Brook NY 10573 on or about March 19th 2021 at or about 2:00 pm. y e a COUNT ONE: Village Code 4235-8.Trees on Improved Properties TO WIT: In that the defendant did allow or cause to allow the cutting, pruning and/or destroying of trees with a "DBH" (Diameter Breast Height) greater than 10" inches at the subject property. Cutting and/or pruning of said trees were done without the required permit or approval. Said trees were cut and damaged in a manner that violates Village Code. COUNT TWO: Village Code V35-12.Tree Topping TO WIT: In that the above-named defendant(s) did allow or cause to allow the "Topping Off" of Trees as depicted in the attached photos in violation of Village Code. COUNT THREE: Villa ge Code 4235-24-A. Penalties For offenses. TO WIT: In that the above-named defendant(s) failed to comply with the mitigation requirements set forth by the approval authority for the tree violation offenses. All the above is contrary to the provisions of the statutes in such case made and provided. The above allegations of fact are made by the complainant herein on direct knowledge and upon information and belief provided by Michael Nowak Superintendent Of Public Works/Village Arborist, the source of which being an inspection(s) of the subject premises on, March 191h 2021 by Mr. Nowak.Any false statements made herein are punishable as a Class"A" Misdemeanor pursuant to §210.25 of the.NY Penal Law. Dated Code Enforcement Offi*r APPEARANCE TICKET You are hereby directed to appear before the Justice Court of the Town of Rye, 350 North Main Street, Port Chester, New York 10573, (914)-939-3305, at 9:00am on the 21s` day of July 2021, in connection with your alleged commission of the above-described offense. NOTE: UPON FAILURE TO APPEAR, A WARRANT MAY BE ISSUED FQR-Y6UR ARREST r Dated Code Enforcement Officer a4 4�u J�v Li . 19 VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook,N.Y. 10573 VILLAGE ENGINEER Paul S.Rosenberg (914)939-0753 Fax(914)939-5801 SUPERINTENDENT OF PUBLIC WORKS www.ryebrook.oro Michal J. Nowak TRUSTEES Susan Epstein Stephanie Fischer David Heiser Jason Klein May 5, 2021 Mr.and Mrs. Palmieri 51 Hillandale Road Rye Brook,NY 10573 RE: TREES TOPPED VIOLATION On March 19, 2021 it was observed by the Rye brook Police that several trees in the front and rear of the property were TOPPED as is apparent in attached photo. Per our onsite visit late April 2021, we reviewed these trees and discussed their condition As a result of the site Visit, a Violation is being issued as per the code sections listed below: 235-8 Trees on private improved properties. On private improved properties: A. No person or firm shall,without a Tree Removal Permit,purposefully,carelessly or negligently cut down or otherwise destroy any tree which has a DBH of 10 inches or greater. E. No person or firm shall purposefully,carelessly or negligently clear cut, improperly prune,or cause injury to any tree which has a DBH of 10 inches or greater. 235-12Tree Topping, A. It shall be unlawful to engage in the Topping of any street tree or other tree on public and private properties.Trees severely damaged by storms or other causes and trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Approving Authority. In order to remedy the violation the Village Code provides as follows: §235-24-A. Penalties for offenses: "In the event of a violation, the approving authority shall have the authority to propose suitable mitigation in connection with said violation based on formulas listed below, prior to an appearance ticket being issued. if the violator does not agree to proposed mitigation, the approving authority shall request the court to require such and additional measures. Mitigation by the approving authority shall be based on the following formulas: (DBH x 0.475) or[(Widest portion of remaining stump)x 0.475J. Page 1 of 2 The field measurement of the trees are approximately 20", 20", 24"28", 16", 20"26" in diameter totaling 154 caliper inches. Replacement caliper in inches is as follows: 154"x 0.475= 73.15" replacement inches. Therefore, the number of trees to be replanted would be(73"12.5"caliper replacement)=29 trees. The Approval Authority is offering one of the following options (circle one option): 1.) Replant(29)2"caliper hardwood trees such as maples,oaks, elms, etc.(Ornamentals not allowed such as purple plum,cherries,Japanese maples, pears, etc) 2.) Replant(10)2"trees and pay a remaining replanting fee of$4,750(19 remaining trees to be planted X$250)(replanted trees shall be inspected and maintained for minimum 2 years). 3.) Pay replanting fee of$7,260(29 remaining trees to be planted X$250) §235-18 Restoration requires the following action to be taken be taken regarding the existing stumps: §235-18-G. The tree trunk, limbs, stump and any roots remaining above grade shall be removed completely to a depth of six inches to eight inches below grade. §235-18-H. The disturbed area shall be backfilled, replanted and/or reseeded. Additionally, the Village Code provides as follows: §235-18-D Restoration : "All trees that fail to survive as a result of the restoration work required under this section for a period of two calendar years following planting shall be replaced by the owner of the land. Said replacement shall be within 60 days following written demand from the Village for such replacement, or within an extended period of time as may be specified. Should the property owner fail to replace the trees pursuant to demand within the required period of time, the Village has the right to impose penalties as set forth in§235-23 of this chapter" Therefore, if the replacement trees fail to survive, the Village will require further restoration work as allowed by the Code. *****************,r***,r****,r,r****tr,r,t****,r*,r,r***,r,r*,►***,r,t*,t*,t*********,r***,t*****,t,r�*,r,t* Return original notarized copy to The Village of Rye Brook Public Works Department within 14 business days with full payment and or Options of choice selected of penalty noted. Failure to comply fully with this Notice will result in the issuance of a summons for you to appear in Rye Town Court. STATE OF NEW YORK as: (Name of Property Owner) BEING DULY SWORN DEPOSES AND SAYS THAT(S)HE IS THE PROPERTY OWNER ABOVE NAMED. (S)HE IS THE ,AND IS DULY AUTHORIZED TO ACCEPT THE TERMS AND CONDITIONS OF THIS NOTICE OF VIOLATION AND ORDER TO REMEDY VIOLATION: THAT ALL STATEMENTS CONTAINED IN THIS NOTICE OF VIOLATION ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF,AND THAT THE REMEDIAL WORK WILL BE PERFORMED IN THE MANNER SET FORTH IN THE VILLAGES CODE SECTION 235 FILED THEREWITH AND IN ACCORDANCE WITH ALL APPLLICABLE LAWS,ORDINANCES AND REGULATIONS. sworn to before me: (Signature of Property Owner) This day of ,20_ Notary Public County Page 2 of 2 Printed: 03/19/2021 VILLAGE OF RYE BROOK PD P<�qc: At: 10:03:55 938 KING STREET RYE BROOK, NY 10573- (914)937-1020 Entry/CC#: RB-000978-21 Date: 03/19/2021 Time:07:16 Tour: 1 Desk Officer: 1017 Call Type. . . . , : VILL ORD VIOL/GENERAL Priority. . :... How Received: CALL TO PD Caller. . . . . . Bus. Name. . : Address. . . . : City/St/Zip: Call Back #: Location of Assignment: 51 HILLANDALE RD, RYE BROOK Cross Street. . . . . . . . . . Business Name. . . . . . . . . Description. . . . . . . . . . . : TREE CUTTING Disposition. . . . . . . . . . . : TOT RB BUILDING DEPT Post: 48 Dispatched: ... Dispatched Date: 03/19/2021 Call Taker: 1017 OFFICERS INVOLVED Serial A: 1047 Rank:PO Name:ELLIOT O ASARE UNITS INVOLVED Unit: 48F Officers: (1047) Disp. Time: 07:45 1 Arv. Time: 07:55 1 Comp Time: 08:09 Rcv'd to Comp: 0:53 : : Disp tc Comp: 0:24 ASSOCIATED NUMBERS NARRATIVE 1017:03/19/2021 07:17 - Caller states that he believes the owners at 51 Hillandale Rd are having trees cut down without the proper permits. 1044:03/19/2021 08:35 - 48F took photos of the trees. Photos attached. Email sent to Bldg Dept. �1t, • ,r 1 �. ` �`. r► �\�' SY - 1 ' i fr.•$ � ` �� ! 44i � Ali .4 ,;k`r �. I�k, 17 i1 \" \�.l� 3i,,�,'t}fP":��\� .nlra9, .��*ir• y�.t �,J ;m.'Y�.;��� ♦-�. '' .w}�e. .t '\i i� 4 i i � - ,'J ' t"k1 a � v t "�� �,, K' 1•-J� /` k -. �A ''e,}� t .. � , �� :: � ��i� ti� ./�/-� ' �� .. 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I r _ ro _ f Al l + � .AIM' jo y r' • Mf A 1 [ l If 4 r ' 1 1 -•rr.S k' 16 1 • Y i _ • 1 1 il, J-• � � 1 �-1 r' f• 1 - R t •r �� t ry ,., 6; �'1 4 J ;F wr Nk op— � !�.�.� •' .*yl} ,fir. -� i J:• li rye- � .�t .,,•y, t�l�l. � � �,. >r � r I� � 1 i t Xr , ?.. `• I + 's fir- M— �" _ �_ � '�Y � /' � 'f. 1 1 u e `. `i "•1 � 1 h f �1 •LA.. 1 :.•. .it.. — • Tree Topping: What It Is, Why It's Bad and How To Prevent It What is it? Tree topping is expensive, mutilating and obsolete. Yet it still occurs widely throughout the Midwest. Why is it bad? Myth and lack of public understanding about proper tree care are two major reasons why people pay to have their trees destroyed each year. What is Tree Topping? Tree topping is the drastic removal,or cutting back,of large branches in mature trees, leaving large, open wounds which subject the tree to disease and decay.Topping causes immediate injury to the tree and ultimately results in early failure or death of the tree. Other names for this malpractice include stubbing, heading, heading-back,stubbing-off,tipping hatracking,topping off, dehorning, lopping, or roundover. In short,topping-by any name-is the worst thing to do to the health of a tree. Tree Topping vs.Tree Pruning: No Contest Tree topping should never be confused with proper pruning. A topped tree is easy to spot-the tree's natural shape has been destroyed, while a properly pruned tree often looks as if no work has been done at all. With proper pruning, an arborist will spend time carefully selecting and removing branches. Careful selective pruning retains the tree's natural shape and beauty. Proper pruning is an important part of caring for- and protecting-the health of your trees. In fact, many tree care professionals recommend that homeowners start early and continue proper pruning throughout the life of a tree. tree (left) is an ugly stub. The pruned the topped tree (left) in large numbers. The reduced, but its form %Q_v,4W growth more slowly and and beauty retained. naturally. Year IL: The topped Year 3: Fast growing People top trees for many reasons, all of them connected to falsehoods and misconceptions. Myth:Topping a tree will reduce storm damage and make the tree easier to maintain. Truth:Topped trees can regain their original height in as fast as 2 years.The fast growing,extremely long and loosely attached shoots caused by topping may be more susceptible to breakage and storm damage. Ultimately,a topped tree requires more attention in the future than a properly pruned tree. Myth:Topping invigorates a tree. Truth:Topping immediately injures a tree and starts it on a downward spiral.Topping wounds expose a tree to decay and invasion from insects and disease. Also,the loss of foliage starves the tree,which weakens the roots, reducing the tree's structural strength. While a tree may survive topping, its life span will be significantly reduced. Myth:Topped trees will add value to your property. Truth:Topped trees lack natural beauty and may reduce your property values.Also,a topped tree can become hazardous and cause property damage, making it a liability How to Prevent It As a homeowner,you must educate yourself and make wise choices to protect your home and property -including your trees.A tree is a valuable asset. As a long-term investment,trees require careful decisions and the occasional advice and service of a professional. Here's what you can do to protect your trees: Hire only competent, insured and certified tree care professionals. When seeking a tree service, check the company's topping policy. If they say top, don't let them near your trees. Find out if the individual or company carries professional certification, particularly through the International Society of Arboriculture(ISA).The ISA conducts extensive course and certifies those that pass an industry-based exam. Most importantly, never let yourself be pressured by bargains.The old saying, "you get what you pay for"truly applies here. An Ounce of Prevention: Right Tree, Right Place Every species of tree has different height,width and spacing needs in order to grown into a healthy mature tree. Carefully matching your tree selection with site conditions- proximity to other trees, buildings or above ground utilities-can prevent problems before they occur and will eliminate the need to take harmful, drastic measures. Many utility companies and forestry agencies provide guidelines for planting trees and recommendations of tree species to fit your needs.Trees are a long-term investment. 2 You have the ability-and the responsibility-to prevent future problems by applying the practice of"the right tree in the right place." Information Resources For more information about caring for your trees,and brochures that explain in greater detail about proper tree pruning and tree selection, contact the organizations below. Arbor Day Foundation can provide information about tree planting and proper pruning: 100 Arbor Avenue Nebraska City, NE 68410 (402) 474-5655 International Society of Arboriculture (ISA)can provide information about professional certification and standards: Email: isa@isa-arbor.com 3 Why Topping Hurts Trees Topping is perhaps the most harmful tree pruning practice known. Yet, despite more than 25 years of literature and seminars explaining its harmful effects, topping remains a common practice. This brochure explains why - 1924 topping is not an acceptable pruning technique and offers better alternatives. -t What is Topping? Topping is the indiscriminate cutting of tree branches to stubs or Topping is cutting branches back to stubs or lateral lateral branches that are not large enough to assume the terminal role. branches not large enough to Other names for topping include "heading," "tipping," "hat-racking," bracnain;he remaining and "rounding over." The most common reason given for topping is to reduce the size of a tree. Often homeowners feel that their trees have become too large for theirproperty. People fear that tall trees may pose a hazard. Topping, k, however, is not a viable method of height reduction and certainly does not reduce the hazard. In fact,topping will make a tree more hazardous in the long term. Topping Stresses Trees Topping often removes 50-100% of the leaf-bearing crown of a tree. Since the leaves are the food factories of a tree, this can temporarily starve a tree. The severity of the pruning triggers a sort of survival mechanism. The tree activates latent buds forcing the rapid growth of multiple shoots below each cut. The tree needs to put out a new crop of leaves as soon as possible. If a tree does not have the stored energy reserves to do this, it l will be seriously weakened and may die. A stressed tree is more vulnerable to insect and disease infestations. 1 ,ll Large, open pruning wounds expose the sapwood and heartwood to Ne•,N,shoots develop attacks. The tree may lack sufficient energy to chemically defend the profusely below a wounds against invasion, and some insects are actually to the chemical topping cut. signals trees release. Topping Causes Decay The preferred location to make a pruning cut is just beyond the branch collar at the branch's point att i�po o f attachment. The tree is biologically equipped to close such a wound,provided the •` tree is healthy enough and the wound is not too large. Cuts made along a limb between lateral branches create stubs with 1 �� wounds that the tree may not be able to close. a The tree will close a well-positioned cut The exposed wood tissues begin to as new wood is produced.Normally it will decay.Normally, a tree will "wall compartmentalize any internal decay. off' or compartmentalize the 1 decaying tissues, but few trees can defend the multiple severe wounds g P caused by topping. The decay organisms are given a free path to move Leaving a stub + ti maintains an open ', down through the branches. pathway to decay. { ` 1�7 ' Topping Can Lead to Sunburn Branches within a tree's crown produce thousands of leaves to absorb sunlight. When the leaves are removed, the remaining branches and trunk are suddenly exposed to high levels of light and heat. The result may be sunburn of the tissues beneath the bark. This can lead to cankers,bark splitting, and death of some branches. Topping Creates Hazards The survival mechanism that causes a tree to produce multiple shoots y below each topping cut comes at great expense to the tree. These y„ shoots develop from buds near the surface of the old branches. Unlike normal branches that develop in a socket of overlapping wood tissues, Stubs left from I :'. topping usually these new shoots are anchored only in the outermost layers of the 1; decay. The shoots that are parent branches. produced below the cut are weakly attached, and often becofm a hazard. The new shoots grow very quickly, as much as 20 feet in one year, in some species. Unfortunately,the shoots are very prone to breaking, especially during windy conditions. The irony is that while the goal was to reduce the tree's height to make it safer, it has been made more hazardous than before. Topping Makes Trees Ugly i The natural branching structure of a tree is a biological wonder. Trees form a variety of shapes and growth habits, all with the same goal of 3 _ presenting their leaves to the sun. Topping removes the ends of the I 0 branches, often leaving ugly stubs. Topping destroys the natural form of a tree. Without the leaves (up to 6 months of the year in temperate climates) a topped tree appears disfigured and mutilated. With the leaves, it is a a t' dense ball of foliage, lacking its simple grace. A tree that has been topped can never fully regain its natural form. Tres that have been topped may become hazardous and are unsightly. Topping is Expensive The cost of topping a tree is not limited to what the perpetrator is paid. If the tree survives, it will require pruning again within a few years. It will either need to be reduced again or storm damage will have to be cleaned up. If the tree dies, it will have to be removed. Topping is a high maintenance pruning practice, and there are some - -- hidden costs of topping. One is the reduction in property value. Healthy, If the height of a tree must be reduced,all well maintained trees can add 10-20%to the value of a property. cuts should be made to strong laterals or to Disfigured,topped trees are considered an impending expense. the parent limb. Do not cut limbs back to stubs. Another potential cost of topped trees is the potential liability. Topped trees are prone to breaking and can be hazardous. Since topping is considered to be an unacceptable pruning practice, any damage caused by branch failure of a topped tree may lead to a finding of negligence in a court of law. • Alternatives to Topping There are times when a tree must be reduced in height or spread. Providing clearance for utility lines is an example. There are recommended techniques for doing this. If practical, branches should be removed back to their point of origin. If a branch must be shortened, it should be cut back to a lateral that is large enough to assume the terminal role. A rule of thumb for this is to cut back to a lateral that is at least 1/3 the diameter of the limb being removed. This method of branch reduction helps to preserve the natural form of the tree. However, if large cuts are involved, the tree may not be able to close over and compartmentalize the wounds. Sometimes the best solution is to remove the tree and replace it with a species that is more appropriate for the site. Hiring an Arborist Pruning large trees can be dangerous. If pruning involves working above the ground or using power equipment, it is best to hire a professional arborist. An arborist _ can determine what type of pruning is necessary to improve the health, appearance, and safety of your trees. A professional arborist can f ` provide the services of a trained crew,with all of the required safety equipment and liability insurance. y a � There are a variety of things to consider when selecting an arborist: • Membership in professional organizations such as the International Society of Arboriculture(ISA), the Tree Care Industry Association �t«;sts TCIA or the American Societe of Consultin Arbts ASCA can determine what type )' `� g oris ( )' of pruning is necessary • Certification through the ISA Certified Arborist program. to improve the hearth. ance and • Proof of insurance. of yoouratrees. safety •A list of references (Don't hesitate to check.) • Avoid using the services of any tree company that: -Advertises topping as a service provided. Knowledgeable arborists know that topping is harmful to trees and is not an accepted practice. - Uses tree climbing spikes to climb trees that are being pruned. Climbing spikes can damage trees, and their use should be limited to trees that are being removed. Developed by the International Society of Arboriculture(ISA),a non-profit organization supporting tree care research around the world and is dedicated to the care and preservation of shade and ornamental trees.For further information,contact: ISA,P.O.Box 3129,Champaign,IL 61826-3129,USA. © 1995 International Society of Arboriculture. UPDATED JULY 2003 6/24/2021 Why Topping Trees is Bad—Arbor Care Tree Specialists 503.791 .0853 info@arborcarenw.com f O' Home About Blog Contact ti Why Topping Trees is Bad www.arborcarenw.com/2017/02/24/why-toppinq-trees-is-bad/ 1/7 6/24/2021 Why Topping Trees is Bad—Arbor Care Tree Specialists < Previous Next > Q Searc Recent Posts > Seaside Osprey s NestCam > Groundsman > PHC Tech > Production Climber WhyTopping > Arboriculture Trees is Bad Internship What Is Topping? Archives Topping is the indiscriminate cutting of tree branches or stubs to lateral Select Mot branches that are not large enough to assume the terminal role. Other names for topping include "heading," Categories tipping, or rounding over. Topping is often used to reduce the > Jobs size of a tree. A homeowner may feel www.arborcarenw.com/2017/02/24/why-topping-trees-is-bad/ 2/7 o,24;2021 Why Topping Trees is Bad—Arbor Care Tree Specialists that a tree has become too large for > Media his or her property, or that tall trees may pose an unacceptable risk. > Tree Advice Topping, however, is not a viable method of height reduction and > Tree Risk certainly does not eliminate future risk. > Uncategorized Topping Stresses Trees Topping can remove 50 to 100 percent of a tree's leaf-bearing crown. Leaves are the food factories of a tree. Removing them can temporarily starve a tree and trigger various survival mechanisms. Dormant bugs are activated, forcing the rapid growth of multiple shoots below each cut. The tree needs to put out a new crop of leaves as soon as possible. If a tree does not have the stored energy reserves to do so, it will be seriously weakened and die. Topping Leads To Decay Correct pruning cuts are made just below the branch collar at the point of attachment. The tree is biologically equipped to close such a wound, provided the tree is healthy enough www.arborcarenw.com/2017/02/24/why-topping-trees-is-bad/ 3 624i20 1 Why Topping Trees is Bad—Arbor Care Tree Specialists and the wound is not too large. Cuts made along a limb between lateral branches create stubs with wounds that the tree may not be able to close. The exposed wood tissues begin to decay. Normally a tree will "wall off" or compartmentalize, the decaying tissues, but few trees can defend the multiple severe wounds caused by topping. The decay organisms are given a free path to move down through the branches. Topping Can Lead To Unacceptable Risk The survival mechanism that causes a tree to produce multiple shoots below each topping cut comes at great expense to the tree. These shoots develop from buds near the surface of the old branches. Unlike normal branches that develop in a socket of overlapping wood tissues, these new shoots are anchored only in the outermost layers of the parent branches and are weakly attached. New shoots grow quickly, as much as 20 feet in one year. Unfortunately, the shoots are prone to breaking, www.arborcarenw.com/2017/02/24/why-topping-trees-is-bad/ 4 7 6 24/2021 Why Topping Trees is Bad—Arbor Care Tree Specialists especially during windy or icy conditions. While the original goal was to reduce the risk by reducing the height, risk of limb failure is now increased. Alternatives To Topping Sometimes a tree must be reduced in height or spread, such as for prevailing utility clearance. There are recommended techniques for doing do. Small branches should be removed back to their point of origin. If a larger limb must be shortened, it should be pruned back to a lateral branch that is large enough to assume the terminal role. This method of branch reduction helps preserve the natural form of the tree. Sometimes the best solution is to remove the tree and replace with a species that is more appropriate for the site. By admin I February 24th, 2017 1 Tree Advice 1 0 Comments www.arborcarenw.com/2017/02/24/why-topping-trees-is-bad/ 5/7 r C U V 77 C�5 > 0 O O O Q U � 0 n V i—+ v r-1 o N m �-a T 7.�t.4/�J 4. C ° of O CL N M O1 = 11 G ° J �7! Q) a) W _ u 3 ^ 4 Q� n ail [ H i--1 ET _ a 4� 0 u O O 0 OL O Cl� ,S�'' ic cn ^. R O c � � c V .� W c 'a z r r IL Ts CD N N O 3 - t N � CA O. a o m m f o_ N 1 r N _ u m 4 cD C >> CIS t e u .0 C c C « i a _ C n c c c a u `o t C E c C. 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Magana <AMagana@kblaw.com> Sent: Friday, December 10, 2021 9:45 AM To: allstatepaintingl@verizon.net; nickpalmierie1@gmail.com Cc: Steven Fews; Michal Nowak Subject: Rye Brook Civil Order Attachments: Civil Order- Nicholas and Barbara Palmieri 12-15-21 (4890-4407-8086.1).docx Good morning, Attached please find a draft civil order for your review and signature. Please include a tax map with a markup of approximately where the five (5)trees will be planted on the property and mail/deliver the signed civil order and marked up tax map to my attention at 445 Hamilton Avenue,White Plains, NY 10601 Suite 1500. Should you have any questions, please do not hesitate to contact me. Thank you, Amanda Amanda T. Magana Associate KEANEIBEANEPG. ATTORNEYS AT LAW liulri+a, tcd l K"n.sin016rcliall F;X-119- Celebrating 40 Years Serving the Hudson Valley and Beyond 445 Hamilton Avenue, Suite 1500 White Plains, NY 10601 (914) 946-4777 Ext: 364 (914) 946-6868 (Fax) AMagana@kblaw.com www.kbiaw.com Follow us on Twitter Follow us on Facebook Follow us on UnkedIn PERSONAL&CONFIDENTIAL The Information transmitted herein may contain privileged and/or confidential material. Any disclosure,copying,distribution or other use of,or taking of any action in reliance upon, information contained herein or attached hereto by persons or entitles other than the intended reciplent(s) Is prohibited. Any misdirection or other error in the transmission of this information is not and shall not be considered a waiver of any applicable privileges. If you have received this transmission In error, please Immediately notify the sender and destroy the original transmission and its attachments without saving, distributing or copying in any manner. Please consider the environment before printing this email message. 1 STATE OF NEW YORK: WESTCHESTER COUNTY VILLAGE OF RYE BROOK VILLAGE COURT --------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK CIVIL ORDER Plaintiff, -against- Docket No. RB-00978-21 NICHOLAS PALMIERI AND/OR BARBARA Ticket No. E.1091 PALMIERI Defendant. --------------------------------------------------------------------X WHEREAS, on or about March 19, 2021, Defendants, NICHOLAS PALMIERI AND/OR BARBARA PALMIERI, ("Defendants' , residing at 51 Hillandale Road, Rye Brook, New York 10573 (the "Property") were charged with one violation of Village of Rye Brook Code Section 235-8: Trees on Improved Properties; one violation of Village of Rye Brook Code Section 235-12 Tree Topping;and one violation of Village of Rye Brook Code Section 235-24.A Penalties for offenses, cutting, pruning and/or destroying trees with a diameter breast height ("DMH'� of greater than 10" inches without a permit or approval and topping off trees at the Property; and WHEREAS,Defendant admits that on or about March 19,2021 at approximately 2:00 p.m., Defendants were cutting, pruning and/or destroying trees with a diameter breast height ("DMH") of greater than 10"inches without a permit or approval and topping off trees at the Property; and WHEREAS, on November 17, 2021 the Defendants agreed to enter a guilty plea to one violation of Village of Rye Brook Code Section 235-24.A Penalties for offenses and plant five (5) hardwood trees on the Property as shown on the marked up Tax Map of the Property attached hereto as Exhibit "A", and pay $1,250.00 into the tree fund reserved for planting trees off-site at a location to be determined by the Village Arborist Michal Nowak subject to court approval. NOW THEREFORE IT IS ORDERED that Defendants must abide by the following conditions in fiull satisfaction of the charges brought against them: 1. Defendants shall pay Twelve Hundred and Fifty dollars ($1,250.00)into the Tree Fund to be delivered to Village Arborist Michal Nowak by January 15, 2022. Proof of payment shall be submitted to the Court within five (5) business days of payment. 1313100914890-4407-8086v 1 3119122 2. Defendants shall plant five (5) two-inch (2") caliper hardwood trees such as Maples, Oaks, Elms, Lindens, Male Ginkgos, Locusts, Hackberrys, Tulip Trees, Hornbeams, Lindens etc. twenty (20) feet apart (excluding ornamental trees such as Purple Plum, Cherry, Japanese Maple and Pear Trees) as shown on Exhibit A and schedule an inspection with the Village Arborist by May 1, 2022. 3. Should Defendants come to no longer own the Property before planting the five (5) trees, Defendants shall inform any subsequent owner of the existence and terms of this Court Order. Dated: Rye Brook, New York December 10, 2021 AMANDA L.T. MAGANA NICHOLAS PALMIERI Prosecutor for the Village of Rye Brook Defendant BARBARA PALMIERI Defendant SO -ORDERED: Hon. JOHN B. COLANGELO 1313100914890-4407-8086v1 3119122 2