Resident allowed to cut
down his trees after all
By jennifer dome
Staff Writer
SAYREVILLE — After months of appearances before the borough Shade Tree Commission and the Borough Council, a local resident has finally gotten his wish.
The Borough Council voted Monday to allow Edward Kryzkowski, Price Street, to remove three trees that he has steadfastly claimed are a threat to his lawn and driveway.
"I don’t see why we’re prolonging things," Councilman Dennis Grobelny said when council members questioned whether they should vote on the issue that night.
In October, the Shade Tree Commission agreed to allow the removal of one tree from Kryzkowski’s yard, but denied the removal of two others.
Unsatisfied with this response, Kryzkowski pleaded with the Borough Council to reverse the commission’s decision. The homeowner said the trees continue to damage his property.
In March, the council granted Kryzkowski a chance to appeal the decision under a new amendment to the Shade Tree Commission ordinance.
During the appeal, Mayor Kennedy O’Brien asked the council to pass a resolution allowing a certified tree expert to inspect Kryzkowski’s property and give the council an expert opinion on the situation. The council approved the measure, allowing no more than $300 to be spent on the service.
At Monday’s business meeting, the council received a recommendation from the tree expert that Kryzkowski should be allowed to remove all three trees.
"This poor man has been here for God knows how long. Let’s end this now," Councilman Thomas Marcinczyk said before the vote Monday.
Borough officials said Kryzkowski has threatened to pursue litigation since the removal of his trees will cost him more money now than if he had been granted permission to take them down months ago.
In March, Kryzkowski told the council that not only do the three locust trees’ roots cause his driveway to rise and crack, but they also lift his lawn, making it difficult to mow the grass.
Thus far, he has not cut down the tree that the commission gave permission to remove because he said it will be cheaper to cut down all three trees at once.
During past council meetings, Kryzkowski has accused the commission of treating him unfairly and said he believes the commission should not have the authority to tell him what to do with his property.
Shade Tree Commission Chairwoman Carol Smith has said that four commissioners went to the Price Street home and found the three locust trees in question to be in healthy condition. She said the commission did not believe they posed a serious danger to the residence.
The commissioners, some of whom work as professional landscapers, provided advice on how to cut back the roots and replant the topsoil to prevent the roots from disturbing the driveway and the lawn, Smith said.
Under the borough’s Shade Tree ordinance, the commission is given "full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located, or which may hereafter be planted in any public highway, park or parkway."
Through an amendment that was approved by the council, residents are now allowed to appeal the commission’s decision with the mayor and council.
After testimony is given by both parties, as it was in the council chambers in March, the council is permitted to "reverse, affirm or modify, wholly or in part" the decision of the commission.
The amendment to the ordinance further states that the council "may grant permission to remove any tree or trees that are the subject of the appeal if deemed a nuisance and, in so doing, may require the appellant to replace such removed tree or trees with a species that is mutually acceptable to the Shade Tree Commission and appellant."