In Cape May: A Gift of a Tree Some Homeowners Didn’t Want

CAPE MAY — A tree can be a wonderful addition to your property but some homeowners here are complaining trees appeared in front of their homes without their knowledge.
Cape May City Council addressed the issue at a Sept. 5 meeting when they approved a $1,230 adjustment to a homeowner’s water bill. The adjustment was the result of a tree planting by the city’s Shade Tree Commission that cut a pipe in the homeowner’s irrigation system causing a large water leak.
Mayor Edward J. Mahaney Jr. said the Shade Tree Commission planted trees without telling the city. He complained the tree plantings damaged sidewalks, for which he held the Shade Tree Commission accountable.
The mayor said some property owners had no knowledge a tree would be planted in front of their homes. He asked that a representative of the Shade Tree Commission appear before council at a future meeting.
City Manager Bruce MacLeod said the commission planted a total of 300 trees. He said the commission did not have “mark outs” of underground utilities made before digging with an auger.
“The state Forestry Service came in with a gift, 300 trees,” Jay Schatz, shade tree commission chairman, told the Herald. “They planted 297 in April (2009).
He said notices were hung on doorknobs on homes on all streets where trees were to be planted which included parts of Idaho, Cape May, Maryland, New York and New Jersey avenues from Madison Avenue to Pittsburgh Avenue. Trees were also planted on Pittsburgh Avenue and First and Second avenues near Mt. Vernon Avenue.
Schatz said the state hired a tree service to plant the trees. He said some homeowners may have been away for the winter when the trees were planted and discovered a new tree in front of their property in June or July when they returned.
The trees were planted on city property, defined as the “street lawn,” the area between the sidewalk and the curb, said Schatz.
“There were some sidewalk cut outs that shouldn’t have been done and we’re still adjusting that to see who pays for putting the sidewalk back,” he said.
“We have the right to plant trees on city property,” said Schatz.
He said if the commission had been required to get signed permits from 300 homeowners, they never would have planted any trees. The commission compiled a list of properties for the state where the homeowners did not want a tree planted “and it went off into the void someplace,” said Schatz.
He questioned why a homeowner had located an irrigation system in the city-owned “street lawn.” Schatz said gas lines were marked off on the properties and the markings are still visible.
The tree planting crew “nicked” an underground electric line to a home on Pittsburgh Avenue, which Atlantic City Electric repaired, said Schatz.
Out of the 300 plantings, Schatz said only 10 or 15 trees “were causing controversy.” He said he was not sure which budget would be tapped to pay for repairing sidewalk cut outs.
Schatz said the mayor and council signed off on the grant for the trees in early 2009.
Last month, the commission replaced about 50 trees that had died.