Residents, town team up to ax tree removal plan

BY VINCENT TODARO
Staff Writer

It may be the name of their road, but East Brunswick residents don’t want to hear anyone yelling “timber.”

The residents of Timber Road are hoping to stop the Transco gas pipeline company from taking down close to 30 trees targeted for removal. The residents already saw two large oak trees cut down by Transco, but were able to stop the company from going any further by taking legal action last week.

At Monday night’s Township Council meeting, the residents asked the governing body to join them in their effort to win a permanent injunction against the Transco proposal, and Mayor William Neary also asked the council to support the court battle to save the trees.

During a closed session later that evening, the council agreed to join the lawsuit, with Township Attorney Michael Baker serving as co-counsel with the residents’ attorney, Steve Cahn.

The residents have already won the first round in their legal battle, as a Superior Court judge last week issued a temporary injunction against the removal of any more trees on Timber Road, located between Dunhams Corner Road and Farms Road Circle.

Transco has suspended all tree clearing in Middlesex County, pending the court’s decision.

Neary said he has already seen enough trees come down in the community and feels that losing more would really hurt what he described as a “beautiful neighborhood.” Transco’s rationale, he noted, is that it needs to take the trees down for security purposes.

Residents strongly disagreed with the reasoning from Transco, which is owned by Tulsa, Okla.-based The Williams Cos. and operates 10,500 miles of pipeline on the East Coast.

“There is no reason to clear-cut the trees,” said resident Steven Weinberg, who appealed to the council to help with the residents’ effort. He noted how almost every resident of Timber Road was present at Monday’s council meeting. About 20 of the residents are named on the legal papers seeking the injunction.

The trees proposed for removal are along the eastern side of Timber Road.

Transco has already cut down trees in nearby areas, Weinberg said. The company removed trees along Pitt Road last week, just prior to taking down the two trees on Timber Road. Transco also removed trees months ago from a right of way located behind several homes in the neighborhood, Weinberg told the Sentinel.

At the meeting, he thanked Neary for coming to the residents’ aid.

If Transco is not stopped, many more trees in the township will be cut down at various times, Weinberg warned.

Timber Road resident Robert Sussman said the neighbors have been told that the company wants to cut the trees down so the area of its underground pipeline can be viewed from overhead flights. But that is not a good reason, Sussman said, adding that the company is trying to save some money at the expense of the residents’ properties.

Chris Stockton, a spokesman for Transco, said the company understands this is an emotional issue for many people, but the tree clearing improves the company’s ability to operate a safe pipeline system.

“Believe me, it would be a lot easier for us just to ignore this problem,” he said. “Unfortunately, we can’t do that.”

Stockton said a clear right of way is important for the regular monitoring and inspecting of the pipeline area. Inspections, he said, are important in detecting unauthorized construction equipment on the right of way that can do considerable damage to the lines. He said it also must be clear for testing procedures monitoring the integrity of the pipelines, and for maintenance and repairs.

Trees can also block the access of company personnel and emergency response officials in the event of an emergency, he said. Also, tree roots can damage pipeline coating that is designed to prevent corrosion.

Timber Road resident George Kelly said that two trees taken down were near the road’s intersection with Sandra Road. Both more than 30 years old, the trees each left behind a large stump about 2 feet in diameter.

The idea of removing nearly 30 more trees along the same road, he said, is “ridiculous.”

“We’ve got a long way to go,” Weinberg said. “This is a big company that is not used to being told no.”

Residents of the area pointed to a recent court ruling in a case that involved a residential street in Piscataway. In that matter, which did not involve Transco, a federal judge ruled in favor of the plaintiffs, who argued there was no good reason for the trees to be removed. The judge ruled that Duke Energy must leave the trees in place and continue monitoring the ground as it had for the past 40 years, according to The Star Ledger of Newark.

Weinberg said the ruling, by U.S. District Court Judge Faith S. Hochberg, sets a precedent in these cases. The Timber Road residents’ attorney, Cahn, is the same lawyer who successfully fought the case on behalf of the Piscataway residents.

Stockton said he does not believe the case sets a binding precedent. While noting the cases are similar, he said there are some basic facts that are different. The only specific example he gave was that the easement on Timber Road was in place before the neighborhood was built.