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Business & Tech

Appeal Hearing Pushed Back Another Month

Rumson residents Rick Jones and Cindy Zipf will have to wait another month for the Rumson Planning board to make a decision about their appeal.

Outraged Rumson will have to wait yet another month to get an answer from the town Planning Board about the clear cutting case on .

Last night, the Rumson Planning Board heard Richard Jones and Cynthia Zipf's presentation of their case against the apparent clear cutting that occurred on 35 Navesink Avenue. Specifically, Jones and Zipf were appealing the decision of the Tree Conservation Officer, Frederick Andre, in the issuance of a tree removal permit for 35 Navesink Ave.

Using a packet of information provided to the board, Jones and Zipf's lawyer, Andrew Provence, verbally walked the board through their case. Provence used Zipf and Jones as witnesses.

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Before discussing any of the evidence, Provence announced the relief sought by Jones and Zipf. In summary, the relief sought by Jones and Zipf are a series of declarations made by the board saying that clear cutting did actually occur, the tree removal permit was incorrect and a plan to prevent this in the future.

In Zipf's testimony, she told the board how she felt about the removed trees. "It was very painful to watch the trees, some hundreds of years old, being torn down and destroyed," Zipf said. "The area is very special to us. The canopy that the trees provided brought peace and tranquility to my family and now that is destroyed."

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Zipf also told the board that after reading online that the town of Rumson prohibits clear cutting, she felt confident that more then 40% of the trees would not be cut down next to her home. When she realized that clear cutting was occurring, she knew something had to be done.

The board questioned Zipf about the maintenance of the property on 35 Navesink Ave prior to the tree removal. They asked if she felt it had been well maintained considering no one lived in the home full time. Zipf told the board that she had no problem with the way the property looked.

During Jones's testimony, Jones and his lawyer explained all the evidence to the board. They explained each picture, letter and diagram so that the board could understand how it supports their case.

The board reviewed a series of photographs showing the amount, size, location and type of trees that were cut down. Some of the pictures show trees being removed that were beyond the area of disturbance. Jones and his lawyer explained how most of these trees should have never been cut down.

"I would like to point out that in one of these photographs you can see a rare Japanese Maple tree," said Jones. "That tree along with the rest were cut down."

Jones also told the board that the removed trees used to provide shade for that portion of Navesink Avenue. Now that the trees are no longer there, bright sun light shines down and highlights the damage done to that area.

After Jones and his lawyer presented their case and their evidence, the board thanked them for such a detailed presentation. "We want to thank you for the diligent nature of your presentation, the board appreciates this," said Charmain Michael Lospinuso.

Lospinuso asked if anyone from the public wished to make any comments about the case. Scott Thompson, Rumson resident for 27 years, made a comment. "I am supportive of this community in a variety of different ways," Thompson said. "Though I applaud the towns tree ordinance, I question its current administration."

Nancy Haaren, member of the Shade Tree Commission, also made a comment. "I think we should move forward with improvements to the tree ordinance," Haaren said. "I appeal for the board to do the right thing, whatever that may be."

Missing from the meeting last night was the tree expert who signed the original tree removal permit and the developer in charge of the project.

"A great deal of effort and expense went into this," said Zipf. "We put in the effort and people who should have been here are a no-show. It's a great deal of disrespect for the process and the town."


Chairman Lospinuso announced that due to time restraints, the hearing will be moved to September 12th at 7:30p.m. According to Lospinuso, the board will request the presence of a tree expert and the project developer.

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