Shade tree vs. solar panel fight yields to potential compromise

Commission would settle for replacements of equivalent trunk diameter

By: Courtney Gross
   The Princeton Borough Shade Tree Commission agreed Tuesday that if a large pin oak tree must be removed to allow the installation of solar panels on the Christ Congregation Church’s roof, it should be replaced by additional trees that in total equal the diameter of the pin oak, borough Community Forester Sean Burns said.
   The church had applied to the commission in July to remove the approximately 75-foot-high and 27-inch diameter tree that was shading the roof where a solar energy unit was planned to be installed. The commission twice recommended denial of the application.
   An appeal of the recommended denial is set to be considered by the Borough Council next week.
   The commission agreed Tuesday the lesser of two evils may be to replace trees in the borough with those having an equal diameter to the pin oak — meaning the church could plant two trees of 14-inch diameter or three of 9-inch diameter, for example, attendees at the meeting said.
   For a 2-inch diameter tree, attendees said, the cost is approximately $100.
   If the church did not plant the replacement trees on its property, according to Wendy Benchley, a commission liaison and borough councilwoman, the commission agreed it could donate equivalent funding to the borough for the purchase of trees.
   But, members said, this recommendation would come into play only if the council grants the church a tree-removal permit.
   Shade Tree Commission Chairman Eric Tazelaar said the church’s previous applications had not allowed for an appropriate amount of replanting. The commission’s Tuesday recommendation could offset the loss of the pin oak, he said.
   Because of the debate that had pitted two environmental causes against each other — preservation of a large tree versus provision of energy-saving solar power — the commission plans to also review the borough’s tree-removal ordinance in order to make it more "workable," Mr. Tazelaar said. Earlier in the year, he added, the commission had revised the borough’s rules, which currently require a permit to remove all trees over 16 inches in diameter.
   Mr. Burns, the community forester, said he does not believe the current ordinance addresses the current conflict.
   "I am reluctant to tell people, ‘You can’t put down that pool,’" if a tree stands in the way, Mr. Burns said. "I don’t think this ordinance gives me, or the Shade Tree Commission, or anyone, the right to tell people what to do," he added.
   Ms. Benchley agreed the new ordinance is not perfect, despite the commitment of numerous groups and much hard work.
   "I can certainly say that the Shade Tree Commission worked on a new ordinance that was very balanced and neutral and important for Princeton, and I think we see now that there are some areas in the ordinance that need clarification and strengthening," Ms. Benchley said.
   Ms. Benchley added trees can still be removed under the present ordinance and 40 permits have been issued since it took effect in March.
   Representatives from the church were not present at the Tuesday meeting, attendees said, but the church’s recently appointed attorney, Lawrence Wohl of Archer & Greiner, said the church would be open to considering recommendations from the commission.
   The church, he added, has already agreed to give $375 to the borough for tree replacement and plant three trees on the site.
   "I’m sure the church will do whatever they can to make everybody happy," Mr. Wohl said. "They are a church, you know."