expected to recommend
course of action to town
Planners ticked
trees were cut
before approval
Shade tree committee
expected to recommend
course of action to town
By dave benjamin
Staff Writer
MANALAPAN — A developer could face fines of up to $171,000 for cutting down trees from a development site without final municipal approval to do so.
Township officials said developer Neal Mintz cleared about 150 trees from a tract of land on Sweetmans Lane. Mintz has plans to build four homes on the tract.
Gary Lovallo, the township’s arborist and forester, said he does not believe Mintz has been issued a summons for the alleged violation yet. He said that if the removal of each tree is treated as a separate offense, the fines could reach $171,000.
"Chances are he will receive a summons. With a summons will come a recommendation from the Shade Tree Committee" of what action must be pursued, Lovallo said.
The matter was a topic of discussion at a recent meeting of the Planning Board.
"I am deeply troubled by both the attitude and actions of this applicant," said Michelle Roth, the board’s chairwoman. "Saying ‘I’m sorry’ or ‘I didn’t know’ after the fact just won’t cut it with us. The applicant has built in Manalapan before. He knows full well what the proper procedures and rules are. You’ll have to ask him why he chose a different course of action."
Before getting into the issue of the tree clearing, Jeffrey DeLorenzo, the engineer representing Mintz, told board members the four proposed residential lots are on the south side of Sweetmans Lane near the intersection of Oakland Mills Road in an R-40 zone. That zone allows one home to be built per acre. The site is 4.6 acres.
"The frontage of this property will be improved," said DeLorenzo. "We will be dedicating approximately six-tenths of an acre to the county to develop the lot lines that exist into the road."
The engineer said the applicant is requesting a variance to allow a 60-foot front setback where one of 75 feet is required on a county road such as Sweetmans Lane. Upon questioning by attorney William A. Miller, representing the applicant, DeLorenzo said Monmouth County officials have no objection to the 60-foot setback.
DeLorenzo described the drainage which flows through a county culvert that crosses the nearby road and then flows in a northwesterly direction. The existing 15-inch corrugated pipe will be replaced with an 18-inch concrete pipe, DeLorenzo said.
"Since we are paving more of Sweetmans Lane than is existing, a detention basin is necessary to slow down the amount of water that goes into the existing 24-inch reinforced concrete pipe," he said.
Looking at a set of landscaping notes, DeLorenzo read, "Trees to remain wherever possible, to be protected during construction."
"What happened?" Roth asked.
"You’re asking me the engineer, or the applicant?" DeLorenzo responded. "Frankly, I don’t know what happened. I do know that it was due to miscommunication between the township tree professional, and Mr. Mintz said the site was cleared in accordance with the clearing limits according to this board’s approval."
Miller said the board should take into account the fact that the application was scheduled in May and then it was discovered that a variance would be required for the front setbacks. The attorney also claimed that a permit was issued by Lovallo and that his client did not jump the gun and do the clearing without a permit.
"Again, it was just miscommunication between Mr. Lovallo, and maybe Mr. Lovallo didn’t understand that we did not get the final approval from the planning board here," Miller said. "The clearing of the trees was done according to the plan as set forth here and my client is ready to plant or restore any portion of the property that you feel so inclined to direct."
"Do you know why Mr. Lovallo granted the permit?" asked Greg Valesi, township engineer. "Did you talk to Mr. Lovallo?"
Miller said he never spoke with Lovallo, nor was he ever contacted by Lovallo.
"He only spoke with Mr. Mintz," said the attorney.
Miller said Lovallo was probably told that the necessary approvals were being secured.
"Some were secured when he issued the permit," Miller said.
Board member Howard Benkov said, "Right now you need approval from the planning board, approval from the health department and approval from the county."
Benkov said he could not find a reason to grant the variance for the front setback.
It was noted by board member Ron Wishart that approval from the fire official was given after the trees were cleared.
Board member Stephen Pine agreed with Benkov, saying, "There should be 75 feet. Of the 13 houses that are there, only three don’t comply [with the 75-foot setback rule]. I think it’s ridiculous to grant a 60-foot setback for these four homes."
There are two major issues at this point, according to Valesi; one is whether the downstream drainage has adequate capacity. A revised plan indicated that a detention basin would be included. However, the location of that detention basin was still in question. Valesi recommended a basin on a separate lot.
The second issue is the setback variance, 60 feet requested where 75 feet are required. Valesi said he thought it would be better to deal with the variance issue first and then go back and deal with the drainage.
A straw poll of all board members showed that the requested setback variance would not be granted.
Valesi then addressed the issue of the tree clearing.
"There is never any reason for any clearing to be done prior to the development approval," he said. "There is no justification for this. The ordinance is very clear regulating development before approvals are granted and after approvals are granted. If an applicant was to do any clearing before a final approval there’s a whole litany of items that they have to take care of [and] none of this was done at all."
Valesi told Mintz’s representatives there is no excuse for clearing the trees and no sense in going back to the file to find out why it was done.
"There is no reason for it," he said.
Discussion on the Mintz application is expected to resume at the board’s meeting on Sept. 11.