Trees, Property Rights, Noise and Developers Out of Control in Rye City
Developers in Rye are out of control.
Several weeks ago, I wandered into my backyard to view into the project on the back abutting property (351 Park Avenue). There had been a lot of construction noise that afternoon, not a surprise, but what I saw certainly was a surprise. A rude one..
(PHOTO: Our tree, on our property, massacred by the developer next door.)
We are lucky enough to have a Rockefeller Center worthy evergreen tree in the back corner of our yard. The branches of the tree definitely reached beyond our yard into the abutting property. It hardly seems logical, but it was within the developer's discretion to trim those branches.
It is sad that developers think it is OK to cut down so many trees and that Rye City permits this, but that is a discussion for another day.
What happened in our case? A clear violation of property rights.
The developer came onto our property (unmistakably our property) and cut the branches all the way back to the trunk of the tree.
I called the Rye City building department who told me the issue was between me and "my neighbor" and if there was a problem I should "sue him". Instead I asked for a phone number…
Next I called the developer, Roger Paganelli of P&I, or Paganelli & Iguanti. Other than throwing his subcontractor under the bus (not a good argument, by the way, as it is his building site), he was entirely pleasant. He assured me it was a mistake, and that he would plant plenty of greenery in the area of the tree massacre.
The construction was (and is) ongoing, I gave him the benefit of the doubt, and moved on. No one could glue back together our beautiful tree and I accepted Mr. Paganelli at his word.
Several weeks passed.
Then I feel my house shake. Pounding.
Yep. you are correct.
(PHOTO: The soothing sounds (not!) of a rock chipper.)
The developer is at it again, this time with a rock chipper. LOUD. POUNDING. LOUD. POUNDING.
I call the Rye City building department, and spoke with a very pleasant city employee (thank you!). The builder has no permit to rock chip. The city employee agrees that the builders are out of control, that they do not follow rules…
Fool me once, shame on you; fool me twice, shame on me, shame on Rye City.
We live by the rule of law the last I checked. It is the basis of a civil society.
And this is not civil.
What do you think? Leave a comment below.
And if you see something, say something: Rye City building department phone # is (914) 967-7372.
And write a letter with all the details to MyRye.com.
-The Publisher
I’m sorry to hear what happened to your tree. It is really sad what has happened in Rye. Growing up it was a wonderful place. Plenty of trees, green space and homes filled with character. A downtown filled with stores for all your needs. Unfortunately developers/ builders like Pagnelli have contributed to the problem Rye now has. Sub divided land, trees cut down with none replaced. Cookie cutter homes. I left Rye for a town north of here that still has its character and has and holds people to strict development laws. And it seems Rye city hall is in the back pocket of these builders. As soon as that rock chipping law was reported a stop order should have been issued with the city driving over to that site.
” We live by the rule of law the last I checked ”
Obama and all his followers laugh openly at people who think laws still matter .
What laws? Welcome to the world of Robert W Schubert and Hen Island.
https://www.youtube.com/watch?v=LV1I1MSIfUk
https://www.youtube.com/watch?v=p7d8rc-euHk
I can imagine how shocking and upsetting it was to see the branches of your tree cut down. I am sorry this happened, and also sorry that the builder didn’t have the decency to talk to you about it first. The overbuilding and destruction of perfectly fine homes in Rye, especially in recent years, is tragic. Houses demolished without consideration of architectural importance, or the character these houses lend to the town, is a result of a lack of foresight by town officials, and uncompromised greed on the part of many involved in the process. I mourned the loss of every signficant house that was torn down. Houses now look like a carbon copy of each other, and the character I knew and loved living in Rye for 23 years is just a memory. I am glad to have those memories, and only wish I knew I should have taken photos to preserve those memories forever. The vintage postcards of Rye I have collected over the years have preserved a vision of the past and its history, which Rye officials could care less about. Like the previous poster, I left Rye recently for a town in northern Westchester, where the environment is respected as its biggest asset, open space is sought after and preserved, and development is discouraged. It breaks my heart to see the Rye I love and once knew, where we raised our children, dramatically transformed forever for the worship of the root of all evil.