Oak Hill Cemetery Cuts Down Off-Limit Trees, Is Issued Municipal Code Violation

At first, the elimination of several trees at Nyack's Oak Hill Cemetery angered Village Gate residents who live nearby.

Now, it has resulted in a municipal code violation for Oak Hill Cemetery issued by the Village of Nyack.

The cemetery's expansion of grave-sites onto a nearby hillside was approved in July of 2009 by Nyack's Planning Board, but with certain conditions: the cemetery preserve 19 oak trees located on the property.

But—to the dismay of the village and Village Gate residents—only 10 of the protected trees remain.

As a result of violating the site plan, Oak Hill Cemetery was also issued a stop work order on Wednesday.

"Work can resume on other aspects of the site plan other than further removal of trees," said village attorney Walter Sevastian.

Sevastian also elaborated on the details of a municipal code violation.

"It's quasi-criminal," he explained. "Sometimes fines are involved, and jail sentences for [up to several days]. [The cemetery] can plead not guilty and challenge it in court; it would then come to trial."

Yesterday, the cemetery received a code for remedy and a court appearance date from the village. The arraignment will take place in Nyack Justice Court on Sept. 23.

Officials at Oak Hill Cemetery did not return calls for comment.

Village Gate is currently in litigation with the village and Oak Hill cemetery over the issue—and homeowners in the complex have expressed serious concern.

"As a concerned citizen of the Village of Nyack, I am devastated by the clear cutting of so many mature, disease-free trees by Oak Hill Cemetery causing the destruction of Nyack's centuries old landscape," said Andrea Martone, president of the Village Gate Homeowners Association.

"I have lived in the Village Gate Townhouse complex for 19 years," she added. "My home is directly across from the northern border of Oak Hill's property, behind Nyack Hospital's parking lot."

"I was shocked that the site plan was violated," said Linda Arico, another Village Gate resident. "The way it was done was shocking—without any notice."

"There was so much clear-cutting," she continued. "There should be an environmental concern."

Village Mayor Richard Kavesh called the issue a "devastating, serious and heartbreaking problem."