Skip to content

A town square for an unsquare town

redbankgreen

Standing for the vitality of Red Bank, its community, and the fun we have together.

TREE ‘MURDER’ ALLEGED IN RUMSON

c-zipfCindy Zipf, right, shows residents photos of her neighbor’s property, which she says was clear-cut of its trees. (Photo by Dustin Racioppi; click to enlarge)

By DUSTIN RACIOPPI

The quest by a Rumson couple to prove that local officials negligently allowed the “murder” of numerous trees on a residential building lot drew a packed house of lawyers, experts and crestfallen neighbors to Monday night’s planning board meeting.

With their appeal of tree-removal permit granted by Frederick André, the borough’s tree conservation officer, Clean Ocean Action founder and executive director Cindy Zipf and her husband, Rick Jones say they hope to win an acknowledgment that mistakes were made and stricter enforcement of a tree-protection ordinance.

A lawyer by their side, Zipf and Jones paged through a sheaf of documents showing, they argue, that the property next door to their home at 37 Navesink Avenue was the site of a “murder of trees” that violated the ordinance.

The alleged slaughter could have been prevented had André, who is also the planning board’s secretary, properly done his job, they say.

“The tree conservation officer failed to implement basic procedures. The tree conservation officer allowed a clear-cut at 35 Navesink Avenue,” said Andrew Provence, a lawyer with Ansell, Grimm and Aaron. “What happened at 35 Navesink is plainly a clear-cut. To call it anything else is an insult to this borough, this board, my clients and the people of Rumson.”

Zipf and Jones say that from June 1 to 7, the property next door to their home was cleared of about 65 trees, or roughly 77 percent of the lot’s population.

The ordinance prohibits the removal of more than 40 percent of the trees on “unimproved” areas of a lot. The term “unimproved area” designates  those that are more than 15 feet outside the limits of any existing or proposed principle structure and more than five feet outside any existing or proposed accessory structure, according to documents provided by Provence.

The property, which once housed a 3,000-square-foot home, was cleared to make room for a 5,000-square-foot dwelling with a pool and cabana, Zipf said.

Besides substantially altering the character of the neighborhood, which is near the Navesink River at the corner of Blackpoint Horseshoe Street, Zipf and Jones say the removal of trees “substantially changed” the drainage pattern along the shared boundary between the two properties, resulting in pools of standing water at their driveway after heavy rains.

“It greatly changed that corner,” Jones said. “You look one way on the street and it’s completely shade. You look another way down the other end of the street and it’s completely shade. You look at that lot and it’s completely open.”

All this could have been avoided had the proper procedures been followed, the couple said.

The borough, which requires a tree removal permit for any tree more than four-inches in diameter and at four-and-a-half-feet tall, issued a permit without an evaluation and signature by a tree expert on the application, Provence said. The property owner, listed as Petcon at 35 Navesink LLC, also failed to provide a required tree removal plan, he said.

A representative from Petcon claiming to be the only fully knowledgeable person on what happened at the property did not appear Monday.

Zipf and Jones also said André, in addition to issuing the incomplete permit that initially allowed 15 trees to be removed — another eight were subsequently approved for removal — failed to take enforcement measures when nine more trees were cut down in violation of the ordinance.

André also improperly calculated the permit fee, Provence said.

What Zipf and Jones really want is that the borough follow the law in the future, Zipf said.

“Tragically, the community is marred by what a developer has done on spec. It’s up to the town to make good on ensuring that we the people are going to be protected,” she said.

The board carried the appeal hearing to its September 12 meeting, when it anticipates hearing from André, Shade Tree Commission Chairman Doug Spencer, a tree expert and Petcon representative John Tsakiris.

“I would like to hear from Petcon and definitely know what was going on with them,” board member Rita Seaman said.

Follow Red Bank Green on Instagram
@redbankgreen
Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
RBG CUB SIGHTING
A Partyline contributor positioned on the dais at Thursday's meeting of the Zoning Board of Adjustment captured redbankgreen reporter intern ...
DOWNPOUR STRAINS DRAIN
Partyline captures video of a flooded intersection during Tuesday's afternoon thunderstorm.
STILL ‘OPEN’ SPACE
Next to Fins and Feathers, very surprised to see an overgrown parking lot that still sits there…overgrown and with blacktop. (Photo and te ...
DARK COMEDY BY JERSEY DIRECTOR OPENS FILM FEST
Indie Street Film Festival kicks off with "In Memoriam," a dark comedy about an actor with six months to live.
Indie Street Film Festival Kicks Off
Indie Street Film Festival kicks off.
KUDOS FOR RBCS FINANCE WHIZZES
Monmouth County Board of Commissioners and Borough Council honor Red Bank Charter School students who took second place in a national financ ...
MARINE PARK HOT DOGS
Red Bank's newly remade Marine Park also has a new lunch option, a newly licensed hot dog cart.
MATCHA CLOSE UP
Partyline captures a photographer working for Aura Coffee Roaster angles for the perfect shot of two iced matcha lattes on Broad Street Mond ...
SOUTH STREET AUTHOR TO READ AT LIBRARY SATURDAY
South Street resident Scott Robertson will read selections from his book, Contents of a Curious Mind, Saturday, Aug. 8, from 11:30 a.m. to 1 ...
EARTH SPIRIT FOUNDER DIES
Jocelyn Ruth Midose, longtime owner of Earth Spirit New Age Center has died.
A PERFECT NATIONAL NIGHT OUT
The annual National Night Out event organized by the Red Bank Police Department drew hundreds to frolic amid the green grass and cotton cand ...
Blackhawk Helicopter Arrives for National Night Out
The Blackhawk helicopter has arrived. Everyone’s favorite part of each National Night Out hosted by the Red Bank Police Department jus ...
PARKING METER MOMENT
Patty Bishop of Verona was halfway through her haircut at Fox & Jane when she realized she needed to feed the parking meter. After she p ...
JOIN US AT JJ’S – PLEASE!
A doe-eyed sect of sentient boba teas sweetly beseeches us to join their adorable cult outside of JJ Delicacies this sticky August Sunday!
NEIGHBORS GATHER AT TINO’S
Chris Havens of River Street gathered group of Red Bankers for dinner on Thursday night. The gathering was in the back patio of Tino’s Mex ...
TREE BRANCH VS CAR
A tree branch fell on a parked car on Chestnut Street near Pearl Street Sunday. Submitted by Brian Donohue Follow Red Bank Green on Instagra ...
APOSTROPHE CATASTROPHE
As a curmudgeonly curator of terrible punctuation on public signs, I’ve seen and shaken my head at a lot of gratuitous quotation marks ...
DANE FOR DEMOCRACY
redbankgreen Partyline captures a great dane who, all signs indicate, has had enough.
SUNFLOWER GAUNTLET
On the Partyline: a sunflower guantlet on River Street.
VIGIL FOR 68 DEAD
About 100 people attended a Saturday vigil at Johnny Jazz Park in Red Bank as part of a nationwide series of events to mourn the lives of pe ...