News
Proposed Ordinance Would Strengthen Protection For Trees In Fair Haven
By Ryan Fennell
FAIR HAVEN - If a tree is cut down in Fair Haven does it make a sound? Evidently it does.
The recent approval granted to a builder by the Borough Council to remove 10 trees from a property the builder purchased on Poplar Avenue in order to construct two homes within existing zoning regulations has created a firestorm of opposition from nearby residents.
The borough's code enforcement officer approved the removal of two additional trees prior to the appeal from the builder to the council to remove 10 more.
Both approvals stipulate that for each tree removed another must be replanted.
In 2007 the council adopted a tree removal ordinance intended to curb the clear-cutting of trees from properties that had become commonplace among developers. At that time, according to members of the council, there was strong opposition against any restrictions on the removal of trees.
Now, some residents believe the tree removal ordinance is not stringent enough.
On Monday night, Councilman John Lehnert introduced an amendment to the ordinance in an attempt to appease those that feel the ordinance does not go far enough.
As it exists presently, the tree ordinance gives a property owner the right to apply for the removal of trees on his or her property. If denied approval by the code enforcement officer, that property owner has the right to appeal to the borough council. The borough council then makes a decision on a case-by-case basis.
Lehnert's proposed amendment to the ordinance would require a property owner, if removing more than 20 percent of the trees on the property or a tree that is considered a "specimen" tree, to notify residents within a 200-foot radius and invite them to an open public meeting for a public hearing.
"I'm trying to help out the people that have a problem with the existing ordinance," Lehnert said.
The amendment was introduced by a 3 to 1 vote. Councilman Robert Marchese cast the lone no vote. Councilmen Benjamin Lucarelli and Jerome Koch were not in attendance.
Council President Jonathan Peters came down on the side of more protection for the trees and likened long-standing trees to residents of Fair Haven.
"The discourse in this town is that some people think that a tree serves a public function and they should be protected for the common good," Peters said. "When you're a big tree and have been in town a long time, at some point in time I consider you a resident and I think you deserve to be heard before your life is terminated."
"I think what we heard from residents is that they feel frustrated because they didn't feel like they had a chance to participate in the discussion," Peters added.
Marchese expressed his opinion that he is opposed to the tree ordinance in general stating that he would always come down on the side of property rights.
"This town will now have to spend even more time and resources on this tree issue when it's my property, it's my tree and if I want to take it down I'm going to take it down," said Marchese. "I will always vote in favor of property rights and restricted government. Always."
Although Lehnert introduced the amendment he took the opportunity to point out that the tree ordinance is already inherently flawed.
Lehnert described a scenario where a property owner could be granted approval to remove several trees from the property and replant an equal number of trees. The next day that property owner could chainsaw the new trees without consequence because the new trees would not be subjected to the ordinance.
"There is a problem with the tree ordinance itself," Lehnert said.
Ultimately the amendment was introduced and now must go before the planning board. The planning board has 45 days to provide comment on the amendment before it returns to the council. A public hearing on the amended ordinance is tentatively scheduled for September 13.
