Businessman cut down hundreds of trees above North Jersey reservoir, DEP says

The New Jersey Department of Environmental Protection is looking into another possible case of illegal tree culling in Kinnelon, this time including potentially sensitive land above the Butler Reservoir.

According to court records, a large portion of the culling extended onto land owned by the Butler Water Co. and situated above the Butler Reservoir, a source of drinking water for thousands of local residents.

Vinny Polise, owner of MVM Realty One LLC, made a virtual appearance in Kinnelon Municipal Court last week to answer a citation for culling 363 trees from a hillside behind the home owned by the realty company at 33 Harrison Road.

A citation issued by the borough last August alleges the trees were removed from 3 acres of property between June and October of 2022. The citation was submitted by John Linson, the town's forester, after a neighbor reported the culling. It does not explain why MVM had the trees cleared, but opening up the space beyond the home's backyard would presumably improve the view of the reservoir and surrounding woods.

"The DEP is now formally involved with this matter and we have retained the services of an expert," MVM attorney Alissa Hascup told Judge Andrew Wubbenhorst at the July 23 court session. She said the expert was scheduled to meet with a DEP representative "to discuss his findings and also to review the remediation plan. He is actively working to try and bring it to a resolution."

That remediation plan should be publicly available "in the next couple of weeks," Hascup said.

Wubbenhorst scheduled a virtual follow-up hearing for Sept. 24.

Fines for violating the municipal tree ordinance − which restricts the removal of trees with trunks larger than 6 inches in diameter − can run up to $1,000 per tree. Courts can also impose costs for replanting that can push the final penalty even higher.

Kinnelon tree cutting cases collide

Coincidentally, last Tuesday's municipal court docket also included an appearance by the attorney for Grant Haber , another Kinnelon resident who was fined more than $13,000 in February for culling 32 of his neighbor's trees, allegedly to improve his view of the New York City skyline.

At the time, then-municipal Prosecutor Kim Kassar said Haber also faced a potential civil lawsuit and additional reparation costs for remediating the land that could exceed $1 million.

Earlier: 'Disrespectful act': NJ man speaks after officials say neighbor had his trees cut down

In court last week, current Prosecutor Christopher DiLorenzo said that his office had agreed to a reparations settlement with Haber, but he did not offer any details. He expected the settlement to be signed within "a few weeks."

Notably, the report of the culling at 33 Harrison Road was not made until Haber's case made national headlines last summer.

DEP, Butler Reservoir concerns

In addition to Kinnelon's charges, the state DEP in April issued two more citations to Polise for violations of the Highlands Water Planning and Protection Act after evaluating the property. Those citations increased the area of affected land to 3.55 acres.

The 40-acre Butler Reservoir, also known as the Kakeout Reservoir, lies within the Apshawa Preserve and the Highlands Region , a 60-mile protected area from Phillipsburg to Oakland that supplies drinking water for millions of New Jerseyans. The New Jersey Highlands Council, appointed by the governor, oversees regulations in the region including development.

The Butler Water Utility serves approximately 8,000 people in Butler and also supplies Kinnelon and the High Crest Lake section of West Milford. Its treatment plant provides approximately 1 million gallons per day of water to its customers, though that can rise as high as 2 million gallons per day during the summer, the utility said.

Butler Municipal Administrator John Lampmann said the issue "is out of our hands."

"We only found out a year after it occurred, probably close to a year after it occurred, when Kinnelon issued a summons," he said. "Our major concern is it's above where our water tanks are. We didn't want a situation where we end up with a washout, [and tree debris] comes down and impacts our water tanks. The property also is difficult to access. The only way to access it, really, is through their property.

"We don't want to end up with any issues with the DEP because it had nothing to do with us," he added. "My understanding is the DEP is working closely with Kinnelon on this."

William Westhoven is a local reporter for DailyRecord.com. For unlimited access to the most important news from your local community, please subscribe or activate your digital account today .

Email: wwesthoven@ dailyrecord.com

Twitter/X: @wwesthoven

This article originally appeared on Morristown Daily Record: Businessman cut down hundreds of trees above North Jersey reservoir, DEP says