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.

BUILDER AGAIN REJECTED ON TREE APPEAL

Fair Haven planning board members Larry Quigley, foreground, and Pat Drummond with board attorney James Moody at Wednesday’s hearing. (Click to enlarge)

By JOHN T. WARD

With members voicing unvarnished regret over their own votes, Fair Haven’s planning board refused to hear a developer’s second appeal of an aborted tree-removal permit Wednesday night, setting the stage for expected litigation.

Expressing frustration with both the town’s controversial tree ordinance and having to sort through a tangle of arcane legal principles, board members told homebuilder Bob Susser that there was nothing they could do for him in his quest to remove a 60-foot tree that two arborists, including the town’s, have said is healthy but in danger of “catastrophic failure.”

With only four members eligible to vote, the board unanimously found that the new appeal failed to meet the legal criteria of being “substantially different” from the first one in order for the full board to hear it.

“I’m sad about that,” said Alison Dale, one of the four. “I want us to be helpful here.”

The tree in question, a tulip poplar, is smack in the middle of the footprint of one of three houses that Susser has approval to build, under board OK of a subdivision of the property, on Woodland Drive.

Susser bought the property from Elizabeth Lilleston and her husband for $1.5 million in August. But the matter flared into controversy when it became widely known that Lilleston, who as the town’s code official enforces the tree ordinance, had previously issued Susser a permit to remove the tree from the property.

That prompted Mayor Mike Halfacre to order the tree permit rescinded, on the basis of an apparent conflict of interest, and thrust Susser into a series of reviews that even some local officials questioned whether they had the jurisdiction to hold.

Most recently, in December, the planning board voted 3-2 not to allow Susser to remove the tree.

A full appeal of that decision was blocked Wednesday night, after the four who were present and voted at last month’s hearing concluded that the two appeals were not all that different, and rather, in the words of board chairwoman Joan Jay, just “another bite at the apple.”

But the vote came only after prolonged tussling over the critieria for legal constructs such as res judicata, which says, in essence: the matter has been decided; game over.

Along the way, the tree ordinance was repeatedly teed up as weak on guidance to those who have to uphold it, with new member Bob Marchese, who is also on the borough council and has failed in the past to have it abolished, using the phrase, “despite how much I detest the tree ordinance.”

Before it was over, however, Susser made an impassioned plea, telling the board that if he had lived on the property  and asked to take down the poplar – one of some 60 trees on the site – chances are good he would have been approved because two tree experts agreed it was a danger to the house that was directly below.

And even if the permit were denied, he could have appealed to the town council, and almost certainly come away satisfied, he said.

Paraphrasing  Halfacre, Susser said “the council has never denied a homeowner the right to take down a tree.” The borough always exacts a cost, often in the form of replacement trees, but no one has yet been told no, Susser said.

Now, he said, “we are proposing a better legacy for the property,” relocating a number of trees, and replacing three to be cut down with 14 new ones.

Yet, “I’m being treated unequally,” he said.

Jay was almost apologetic in shooting him down.

“Given the framework of the ordinance, I don’t see that we have a choice, and you will have to seek satisfaction elsewhere,” she told the obviously frustrated builder.

Susser, of Rumson, and his lawyer, Brooks Von Arx, declined comment afterward. Several of the board members, however, said they fully expect the town will to have to defend itself in a lawsuit as a result.

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
PEACE, LOVE AND JUGGLING
Music and flow arts filled Riverside Gardens Park Friday night at the free flow arts meetup hosted by Cirque de Peace, with guest band Sweet ...
IMMIGRATION PROTESTS CONTINUE
Protests against a wave of immigration arrests in Red Bank and nationwide continued for a third and fourth straight day on Shrewsbury Avenue ...
CARS, BARS AND VANS
Middletown resident Rob King was cruising through the Red Bank municipal parking lot behind the Dublin House Saturday night in his 1969 Plym ...
TWO SHORTS IN FILMONEFEST
Leonardo Morales Pitalua, a 20-year-old animator who lived in Red Bank until February, will have two short films shown at FilmOneFest in Hig ...
LONG DOGGONE WAIT
Partyline photo: The driver of an e-bike and his human passenger wait at the Monmouth Street train crossing while a northbound NJ Transit tr ...
WE’RE LICHEN THIS FUNGHI!
A mushroom sprouts from the mouth-like hole in this lichen-covered tree on the grounds of Red Bank Primary School Tuesday morning.
HELL STRIP FIREWORKS
Revelers launched fireworks from the hell strip in front of a home on Drs. James Parker Boulevard on July 4, one of many impromptu and quest ...
SWIMMING, ER, SCULLING RIVER?
Partyline photo captures a single rower working their way up the Swimming River.
SUMMER SUNRISE
A stunning Sunrise on the Navesink River in Red Bank Tuesday June 30.
BRAZEN LAWLESSNESS?
Who does this? One of those famously (and, yes apocryphally) illegal-to-remove mattress tags lies on the plaza outside the Count Basie Cente ...
SUNNY SKIES, JAZZY VIBES AT RED BANK ARTS FEST
A jazz combo comprised of current and former students of the Red Bank-based Jazz Arts Project performed at the first Red Bank Arts Festival ...
COOL JUNE BRIDE RIDE
It’s a wedding thing. (Photo and text by Rosann Dal Pra)   Follow Red Bank Green on Instagram @redbankgreen Follow
RED BANK CLASSIC 5k
Runners at the starting line of the Red Bank Classic 5k Saturday morning.
WORLD CUP WATCH PARTY AT COUNT BASIE FIELD
Solid turnout, festive vibes and a huge Mexico win: Count Basie Park World Cup Watch Party photos. (Click to read)
DOUBLE RAINBOW OVER RED BANK
Partyline contributor captures stunning double rainbow over Red Bank.
RED BANK: SINKHOLE ON SHREWSBURY AVE
Emergency sinkhole repairs closed Shrewsbury Avenue northbound traffic for most of the day Wednesday.
NAVESINK SUNRISE
Partyliner captures stunning sunrise over the Navesink River in Red Bank.
DRONES SCRUB BANK BUILDING
Partyline photo: A power washing drone was used to clean the exterior of the Ocean First Bank Building at 110 West Front Street recently.
MESSAGE TO READERS
Please stand by: A quick message to readers about a pause in news coverage.
IN THE DISTANCE, NEW STATUE UNVEILED
A new monument commemorating the 250th anniversary of US Independence is unveiled in a park that only has a Red Bank mailing address.