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.

Architecture

BATTLE OVER TREE ENDS WITH REMOVAL OK

The 100-foot tulip poplar, center, became a lightning rod for opinions about Fair Haven’s tree law.  (Click to enlarge)

By JOHN T. WARD

After nearly a year of controversy, a 100-foot tulip poplar that rallied both supporters and detractors of Fair Haven’s tree preservation law is coming down.

With members saying they were swayed by the “compelling” testimony of an arborist last week, the borough planning board reversed itself Thursday night, giving builder Bob Susser of Rumson an OK to remove the tree on the site of a three-home development on Woodland Drive.

The law, written to prevent clear-cutting, prompted gnashing of teeth even among officials who relied on it to repeatedly deny Susser of Buttonwood Investors, a permit to take down the tree. They said the law was poorly written, giving them little or no guidance on how to handle appeals. One board member called it “spongey.”

Over the course of the last ten months, Susser had a permit granted; rescinded over concerns about a conflict of interest involving the borough code enforcement officer; denied by the borough administrator; and rejected on appeal of that denial by the planning board. The board also shot down Susser’s request for a re-hearing of the appeal.

Last week, however, Susser was back before the board, again asking to remove the tree or, in the alternate, to amend a site plan than the board had previously approved, before the board was drawn into the tree issue.

At the March 14 hearing, Michale LaMana, an arborist hired by Susser testified that the tree, while healthy, was at risk of “catastrophic failure” because of its bifurcated trunk, size and brittleness.

LaMana’s conclusions matched those of two other tree experts, including Bill Brooks of Red Bank, Fair Haven’s contractual tree enforcement officer. But because of the substantive similarity in testimony of the arborists, board members faced the question of whether they had the right to vote again on the matter or were barred from doing so, as several neighbors argued they were, by the legal principle of res judicata, which says, in essence: the matter has been decided and may not be voted on again.

The case was carried until a special meeting Thursday so three members who were absent from the March 14 session could listen to a recording of the hearing in order to vote. And when the matter resumed, a 4-2 majority of board members concluded that LaMana’s testimony had been so “compelling” as to merit a reopening of the matter.

In a unanimous vote, Susser finally won approval.

“They got me with ‘catastrophic failure,'” said Chairwoman Joan Jay. “It’s time to put this to bed.”

Two other board members said they had been anguished by thoughts of a tree limb falling on someone.

“I couldn’t live with myself if a large branch fell down and hit somebody in the head and killed them,” said Alison Dale.

Afterward, a neighbor asked if the borough would alert neighbors before the tree came down and have an official on site when it does.

Susser tells redbankgreen the tree will be cut down as early as next week.

He said he agreed with councilman and planning board member Bob Marchese, who contends the law is unconstitutional as it applies to property rights. Additionally, Susser said the law is flawed in that it was used to force him before a planning board, which deals with land-use matters and is not equipped to interpret or apply the tree law.

“Thank god that reasonable minds prevailed,” he said.

The tree had previously been described by experts as 60 feet or so tall, but LaMana testified that laser measurements put it at 100 feet. He also estimated that it had put down roots as early as 1930.

Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
“That should be on Red Bank Green!”

If you've ever thought that, join the 24 readers who've signed up to post their own stories on Red Bank Green.

Become a Partyliner
Partyline
NEW WELCOME SIGN INSTALLED
A new "Welcome to Red Bank" sign has gone up at the northern Route 35 entrance to town at the foot of Cooper's Bridge.
JUNIOR BUCS WRESTLING WELCOMES YOUNG ATHLETES FOR 22ND SEASON
Junior Bucs Wrestling is preparing for its 22nd season, offering boys and girls from Red Bank, Shrewsbury, and Little Silver an opportunity ...
TIME FOR SCHOOL, DEER
Fall has arrived and so have the middle school loving deer!
JUST IN TIME FOR THE FALL CLASSIC
Just in time for the start of the World Series later this week baseball-themed paintings by artist Max Maxon hang in the windows of the Art ...
DINNER PLANS?
Chipotle in Red Bank Sunday evening will donate a quarter of proceeds from sales Sunday to the volunteer Red Bank Fire Department auxiliary.
KENNY KATZGRAU TEACHES VIBE CODE SESSION AT LOCAL NEWS CAMP
Kenny Katzgrau, publisher of Red Bank Green, is running a vibe code session, teaching other publishers to vibe code at Blue Engine Collectiv ...
Her Majesty visits Red Bank
Navesink Queen docked at the Molly Pitcher Marina. (Photo and text by Partyline contributor Boris Kofman)   20th Anniversary Become a G ...
RED BANK DINER MONEY TREE
On the redbankgreen Partyline: sunshine and a money tree at the Red Bank Diner.
NAVESINK LIGHTS
Riverview Hospital lights up the Navesink. (Text and photo by Partyline contributor Terry Franco)   20th Anniversary Become a Guardian ...
HALF BAKED BROAD STREET
Broad Street repaving begins with road subject to overnight closures.
COLOR RUN AT RED BANK PRIMARY SCHOOL
redbankgreen Partyline happens upon a cloud of color at annual color run event at Red Bank Primary School.
I’LL EAT IT HERE, THANKS
A squirrel goes all-in for a popular autumn flavor on Madison Avenue in Red Bank Sunday morning.
POP UP TACOS DRAW CROWD
How’s this for a train station redevelopment idea? The pop-up taco vendors Tacos Los Mandones, known on social media as El Mandoon, dr ...
LONG LIVE LOCAL NEWS!
"Long Live Local News" flags from redbankgreen's 20th anniversary celebration in Marine Park Tuesday prove to be the perfect compliment to s ...
MUMS AND WITCHES
17 Prospect Ave (Photo by Partyline contributor Chris Havens)   20th Anniversary Become a Guardian of the Green Guardians of the Green ...
KAYAKERS CLEAR RIVER JUNK
Partyline photo: "The Navesink Nymphs" clear floating tires from the river.
PAINT IT PURPLE?
Caption: ‘Should it be done purple?’ Perfect day. (Photo and text by Partyline contributor Chris Havens)   20th Anniversary ...
MANTIS (PRAYING) AT CHURCH
Partyliner photographs praying mantis at church.
SOMEWHERE OVER THE RAINBOW
Stunning rainbow over Red Bank as a big weekend storm approaches.
“FESTIVA” YACHT DOCKED AT MARINE PARK
Festiva, an 85-foot yacht, was docked at Marine Park on Friday night. Red Bank Green spoke to the owner, Everett Moore, who said that it was ...
Become a Guardian of the Green. Help redbankgreen stand for 100 years. Help us get to our first 100 Guardians · joined by Alan Fisher and 7 others
Become a Guardian