BAR Fails to Protect Historic Black Oak Tree Despite Pleas from Neighbors and Experts

On August 12, 2024 the Scarsdale's Board of Architectural Review (BAR) approved the developer’s plan for 21 Autenrieth, allowing construction activity that will threaten the survival of a black oak tree that has been living in the front yard for around 300 years, since colonial times.

Surrounding neighbors, concerned that the proposed construction would kill the tree, had hired arborist Bill Logan to provide expert consultation. In his resulting report, Mr. Logan stated that, “This oak is an extraordinary specimen, among the largest oaks in Westchester County,” and recommended that, “If you want to be sure that this fine tree can be preserved, the best thing would be to keep back disturbance beyond the Critical Root Zone (CRZ), whose radius is approximately 58 feet.”

Over many months, neighbors pleaded with the BAR to rework the developer’s plans so as to assure that the oak’s future would not be compromised by construction. The neighbors did not oppose the proposed two story addition; however, they did urge the BAR to deny the construction of a new two-car garage and new driveway in the front yard near the tree because that construction will damage the tree's roots within the 58 foot critical root zone. The house currently has two two-car garages (i.e. four indoor garage spaces), and neighbors had hoped that these spaces could be used instead of building a new garage in the front yard.

In supporting the neighbors’ concerns, the Board of Friends of the Scarsdale Parks, a community based not-for-profit, wrote a letter to the BAR requesting that the BAR exercise its authority to protect the tree “…from any risk of short or long-term harm as a result of the proposed renovation.” In its letter, the FOSP states that, “The proposed construction of a duplicative new garage and new driveway in close proximity to this black oak would ruin an idyllic front yard as well as pose unnecessary risk to this centerpiece tree of the park-like neighborhood of Old Scarsdale.” Importantly, the Board emphasizes that, “While Scarsdale is losing over 1,000 mature trees every year, business as usual cannot continue.” (August 7, 2024 FOSP letter to BAR)

Unfortunately, by approving the developer’s plans, the BAR rejected the pleas to require the most protective and common sense solution, which would be to keep construction out of the tree’s critical root zone. Once again, our environment takes second place to a developer’s interest.