True value of old oak yet to be determined
BY JANE MEGGITT
Staff Writer

MILLSTONE - It may cost a developer as much as $45,000 to replace an old oak tree that was mistakenly cut down.

Last month, William Mehr, an attorney for the Kensington Organization, appeared before the Planning Board. According to Mehr, an agent of his client inadvertently cut down a large black oak tree that had been fenced in and marked for preservation on a Route 537 site slated for commercial development.

The township issued a stop-work order for the site after the incident. The Kensington Organization is building a 6,363-square-foot retail building on Route 537.

Mehr spoke to the township's Shade Tree Commission (STC), which said it wanted a certified tree expert or forester to appraise the tree that had been cut down. Mehr, who had photographs of the tree stump, said the tree was diseased, with substantial rotting in the interior. He said his client would like an independent tree expert to appraise the tree's value.

At the Oct. 11 Planning Board meeting, STC member Brenda Tanenbaum said the tree in question measured 40 inches around.

"I know it is not replaceable," she said. "I'm asking that the applicant not be let off the hook by putting a 6-inch tree there."

Tanenbaum said it would be hard for her to see the tree replaced by a 6-inch tree without there being any other monetary compensation.

STC Chairwoman Deborah Novellino said she would like to see the difference in purchase price between a 6-inch tree and an 18-inch tree deposited in a fund that the STC could use for reforestation in the township.

Tanenbaum said the township's engineer received numerous calls when the fence around the tree fell down. Novellino added that the engineer's office received more calls when construction debris was placed against the trunk of the tree.

She said the STC "religiously" monitored the tree, and that it also noted the extent of its canopy.

Township Engineer Matt Shafai confirmed having conversations with the STC regarding the tree. He also said he met with the developer twice about it.

Township Committeeman and Planning Board member Steven Sico said the board was not told the downed tree measured 40 inches.

Board member Chris Pepe said the only photos of the tree the board received had been of the stump.

Sico said he was "vehemently" opposed to using taxpayer money for an independent tree evaluation. Board member Manuel Blanco disagreed with Sico, saying he would like to hear from experts if the STC and the developer's attorney could not come to a reasonable opinion on the tree's value.

"I want as much testimony as we can get from both sides," Blanco said. "If it's not enough, go to an outside agency."

Pepe said he spoke to local nurserymen and received a quote of $45,000 for a 15-inch caliper black oak, to be installed with a one-year guarantee.

Pepe said the person who cut down the tree broke the law.

"We need restitution with legitimate bite to it," he said. "We want to make sure there is no possible way this could happen again and [that] the gentleman who committed the offense does not go unpunished."

Pepe noted the STC's hard work, adding that everyone appointed to the STC and the Planning Board were chosen by someone who ran on an environmental protection platform.

Board Attorney Michael Steib said that if the board felt there was a lack of forthrightness with the presentation regarding the tree, it could notice the Kensington Organization and give the developer an opportunity to be present at a hearing on the matter.

Board Vice Chairwoman Donna Haag, who ran the meeting in the absence of Chairman Mitchell Newman, said the information she heard from the STC differed from what she heard last month from the applicant.

"I think it would be appropriate to bring the applicant back for an explanation," she said.

The board unanimously agreed to ask representatives of the Kensington Organization to appear before it to discuss the issue.