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Planning board approves amendment after unauthorized tree removals; applicant must plant replacements and post larger bond
Summary
The board approved an amendment to a previously granted steep‑slopes permit for 20 Boutonville LLC after contractor removal of trees beyond the permitted scope. The applicant agreed to replace steep‑slope trees at roughly a 2:1 ratio, expand disturbance limits on plans, increase the bond to $90,000, and accept a maintenance agreement for planted trees.
The Planning Board approved an amendment to a previously granted steep‑slopes permit for a 20 Boutonville LLC project after the contractor removed more trees than authorized during preparatory work.
Consultant Yan Johannes explained that 183 trees were removed in the fall beyond the scope of the original permit; 22 of those were on steep slopes. The applicant revised plans, expanded the limits of disturbance, submitted an updated Stormwater Pollution Prevention Plan (SWIP), and proposed to replace the removed steep‑slope trees with 50 new trees of similar species (roughly a 2:1 replacement ratio). The applicant agreed to an increased performance bond of $90,000 to secure restoration and compliance, per the town engineer’s recommendation.
The board considered whether the amendment required a fresh SEQR determination. After discussion the board concluded the amendment did not trigger a new SEQR action because the work was an amendment to an already‑reviewed approval and the incremental change in disturbance (about 1,870 sq ft) was deemed insubstantial for purposes of starting a new environmental review. The board attached conditions: tree replacements sized and spaced as specified (deciduous 2.5–3 in caliper; evergreens 7–8 ft tall), a two‑year replacement maintenance period, and increased bond amount. The amended permit timeline was extended consistent with prior permit timelines.
The board instructed staff to formalize the resolution language and update the project files; the applicant must meet the town engineer’s remaining comments before receiving final sign‑off.
