Tree Trouble in Fair Haven

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Residents were puzzled about why mature trees were cut down on a borough-owned lot before the parcel is put up for auction. Stephen Appezzato

By Stephen Appezzato

FAIR HAVEN – Mature trees on a plot of land owned by the borough were cut down last week, leaving many residents with questions.

For decades a borough property on the corner of Hendrickson Place and Allen Street contained only mature trees, nature which surrounding neighbors enjoyed. However, with seemingly no warning, those trees have been cut down. A video circulating online shows the widespread removal of the trees, accompanied by much condemnation. Making the issue more complicated, the borough intends to sell the lot at auction in the coming months.

At the borough council meeting Feb. 26, resident Bill Perkins raised the issue during the public comment period.
“Who removed the trees?” Perkins asked – a question shared by residents online. “Why would we remove the trees prior to the sale of the property? Why wouldn’t we have the developer do that?” Perkins wondered.

Answers were not forthcoming.

“We’re looking into what happened here, what transpired and how that came about,” said borough attorney Andrew Sobel but Mayor Josh Halpern confirmed the borough paid for the removal.

Stephen Appezzato

Perkins and others online wondered why the borough would pay to remove these seemingly healthy trees, especially before the lot changes ownership.
The incident seemed especially odd as tree preservation and replacement is historically a large focus of the borough council. Under Fair Haven’s Tree Preservation Ordinance, when a resident wants to remove a tree with a diameter greater than 10 inches, they must submit an application to the borough. Each application is reviewed by a tree expert and ultimately approved or denied by borough officials.

After the meeting, Halpern clarified what happened in a statement to The Two River Times.

The lot is subdivided into two sections. One will be sold at a public auction; an affordable home will be built on the other.

Under Fair Haven’s Fair Share Housing Plan, the borough will work with Habitat for Humanity to construct the affordable dwelling, Halpern said. As part of Habitat for Humanity’s application, the borough planning board requested a thorough review of the property and its trees. According to Halpern, following the review, the borough tree expert recommended the removal of one tree, at a minimum, noting signs of decay and invasive species on the lot.

However, “at the time of removal, a real-time decision was made to remove additional trees based on their condition,” Halpern said.

“I understand the importance of trees to this community and share the residents’ concerns over the sudden and unexpected loss of so many trees in that neighborhood,” he added. “Because the lot is now shovel-ready, it is expected to sell for more than when it was overgrown,” he said.

Halpern added that he will work with borough council colleagues to ensure that a portion of the proceeds from the sale of the property will go toward planting a proportionate number of new trees throughout the neighborhood and borough. “We have a robust tree planting program in place now, and I am committed to continuing its success,” he said.

Excluding “emergency situations,” going forward, borough staff must provide notice to the governing body prior to removing trees on borough property or rights of way to “ensure a second layer of review.” This policy will be in place until a new tree ordinance is passed, which will likely occur in the third quarter of this year, Halpern said.

Further information on the Fair Share housing project with Habitat for Humanity is available on the borough website. More will become available as the plan progresses and proposals are presented at borough meetings.

Mandatory Court Appearance for… Brush?

In other news, the borough council introduced a long-awaited overhaul of its brush and leaf collection ordinance following an outreach campaign to communicate these new changes to residents. The ordinance is intended to simplify and streamline the borough’s current collection process, introducing new pickup schedules, rules, a “green can,” and harsher punishments for infractions.

Residents will be issued a written notice for first-time policy violations. They will then have 10 days to correct the infraction.

Those who do not respond to the warning or commit repeat infractions will face a $200 fine for the first offense, a $300 fine and mandatory court appearance for the second offense, and a $500 fine and mandatory court appearance for the third and subsequent offenses.

The previous brush and leaf ordinance had a lesser punishment structure consisting of a warning for the first offense, a $100 fine for the second offense and a court appearance for three or more offenses.

Council member Andrew LaBarbera said there will be more open houses about the new program in April. The council previously discussed implementing a grace period for violations while the program is onboarded.

Council President Elizabeth Koch was the only member to vote against the ordinance introduction. A public hearing on the plan and final adoption vote will occur at a later council meeting.

The article originally appeared in the March 7 –March 13, 2024 print edition of The Two River Times.