A Call to Action to Save Our Trees!
Because of the blatant omissions of town officials, DOZENS of our OLD trees have been and are being DESTROYED. Those directly responsible for this ATROCITY include, Town Administrator Douglas Marvin, Code Enforcement officer, Keith Lynch, Town engineer Andy Hipolit, Mayor Allen Morgan, and Council members,…
Our “Oldest residents” and largest assets are being deliberately, illegally and maliciously destroyed before our eyes. Without your help, dozens more of our trees will needlessly die.
Soil and the Roots were removed, a direct violation of Ordinance 2011-1 which forbids any grading which would harm the roots of our trees.
The illustration from “Rooting Out Problems” by Nicholas Mook simply shows that most tree roots actually live in the top few inches of soil. Given the shallowness of this complex living system, cultivating or disturbing the soil around their roots compromises their ability to take in nutrients or water.
As you can see in the following photos, the massacre at Lantern Hill in New Providence, NJ began when construction workers robbed our beautiful old trees of the good soil surrounding them, destroying their roots and lifeline.
Note the thick black construction fabric and heavy clay compacted with a BULLDOZER.
After soil was removed, a thick heavy black fabric (see picture above right) was laid down over the roots. I have seen a lot of damaging initiatives over the years, this being one of the worst. I could not figure out the reason for the heavy fabric. Note: I was later advised by the construction supervisor that the boulders on the property were deemed contaminated by the EPA and were at risk of leaching harmful contaminants. Needless to say, if the boulders were contaminated, then one could assume that the soil around them was contaminated also. The idea was that the fabric would somewhat help contain the pollution.
The fabric alone could have eventually killed the many trees. However, their fate was actually sealed when over 2 feet of heavy and polluted clay soil was dumped over the what roots were left, burying their trunks. The clay was then compacted using heavy machinery.
Note: In the following pictures, the bulldozer tracks that actually caused large gashes and even took a big chunk out of the tree trunks.
It has been proven that compacting the soil can choke off a tree’s access to water, air and nutrients, leading to devastating long-term damage, including making them susceptible to root diseases such as phytophthora and ultimately death. As my pictures prove, the root systems were completely destroyed at this site.
Did you know? On many construction sites, it is not only possible to protect a mature tree by fencing it off beyond the dripline, but it is required by law.
The willful destruction of a tree has always been against the law in New Providence. A permit for removal of a tree is necessary even if the tree is dead. Ordinance 2011, “Tree and Shrubs,” in short requires permits for removal of trees and forbids any grading or destruction of roots.
Please see exhibit 3 my own grading permit, it states that “the applicant must remove any excess soil off the site resulting from construction,” and #5 that “any soil to be redistributed on the site cannot alter any existing drainage patterns or proposed drainage patterns on the plan.” My pictures clearly show “drainage patterns” were completely destroyed.
These are the rules that you and I are subject to. All towns have these same basic rules and concerns in place to protect the trees. My photos clearly demonstrate that the drainage patterns and roots of dozens of precious old trees were completely destroyed. This grading was never approved. Even if it was, this careless destruction would still be a crime.
The tree ordinances in Caldwell do not just tell you to NOT destroy trees. They tell you of the value of trees to our community. See The Benefit of Trees in Caldwell, NJ. Note that in Caldwell, as many other towns, the gashes inflicted on trees like the ones at Lantern Hill are referred to as malicious damage.
When I showed the pictures of damaged trees at Lantern Hill to Mayor of New Providence, Alan Morgan, and explained the facts, he asked “how do you know this will kill the trees?” Well Mr. Mayor, now that we have watched the anticipated decline of the trees take place, here is your proof!
What gives me hope is that when I showed these pictures and explained the same facts to my son’s fourth grade class, they all quickly learned and realized that trees were going to die.
Why does it all matter?
Trees not only create shade and character in our neighborhoods, but they shelter us from harsh weather and flooding. They serve as a natural filtration system for our water. Through evaporation of water, they help to lower air temperatures and reduce the cooling costs of some homes by 30%.
Furthermore, trees protect us by accumulating carbon dioxide and emitting oxygen. Science has shown that older trees, even when in decline, can accumulate carbon dioxide at at an accelerated rate compared to younger trees. When an old tree is destroyed, the carbon that it has accumulated for hundreds of years is released back into the atmosphere. While global pollution and greenhouse emissions contribute significantly to the carbon dioxide levels, the destruction of our trees and green areas through deforestation only furthers this destructive phenomenon.
“CO2 levels hit record high despite emissions dip from coronavirus.”
NewScientist, May 2020
“Earth’s carbon dioxide levels hit record high, despite coronavirus-related emissions drop.”
Washington Post, June 2020
There are many articles like these. Google them. The dramatic increase in carbon dioxide is directly related to deforestation and destruction of our green lands. You do not have to believe in climate change and global warming to recognize that this is a bad thing.
Increasing carbon dioxide levels, along with other pollutants in the air, have not only been linked to climate change and global warming, but decreased oxygen in the air and an array of human diseases as well. Cancer, diabetes, premature births, the list goes on and on. At a recent tree conference, I learned of the dramatic increase of these diseases in city areas especially. Areas where poverty, industry and diesel fumes, and chronic human diseases are much worse. Areas where there are few trees – thus little oxygen. The conference I attended showed the amazing difference in air quality that trees made on the shaded area of the streets AND how plantings along our highways helped to trap pollutants. They stressed the importance of preserving our “Urban Forest.”
According to Future Planet, a BBC-run publication working to make the world a sustainable place, trees have a remarkable range of traits that reduce air pollution. Through shading surfaces and reducing temperatures, they reduce the need for conventional air conditioning and the emissions of greenhouse gases that come with it. Additionally, lower temperatures decrease risk of harmful pollutants like ground level ozone.
“Fine particulate matter can easily penetrate into human respiratory system, causing lung and cardiovascular diseases or exacerbating respiratory illness. It has also been linked to inflammation and heart disease. By one estimate, 8.9 million deaths a year globally could be attributable to exposure to outdoor fine particulate matter.”
Future Planet, BBC, May 2020
In short, the dozens of beautiful old trees at Lantern Hill provide our town with lush greenery, protection from harsh changes in climate, and likely an array of health benefits. You can read about more benefits here The best trees to reduce air pollution according to Future Planet and the Urban Forestry Network.
Older trees accumulate carbon dioxide at an accelerated rate compared to younger trees.
A recent study confirmed this and added that, the “most important trees to save GLOBALLY are our old trees, if we are to make a difference.”
I cannot be the only one that worries about these facts and wonders, what can we do to make a difference? I do believe that with a combined effort we can save some of the beautiful old trees in our neighborhoods. If not, surely one day, I worry that our children’s children will look back and wonder what we were thinking. They will wonder how we could ever be so “ungreen?”
A beautiful old Tulip tree was the first 100+ year old tree to die at Lantern Hill.
January 2016 – I first began to report the damage being done to town inspector, Keith Lynch. The pictures below were among the first ones presented to the town, in an effort to stop the damage and save the trees. I contacted Lynch and Hiplit numerous times during this ordeal, only to never actually be provided with an update. Unfortunately, I was only able to watch as the damage continued. Most of the trees by this time were, or still are, buried in at least 18-24″ of soil. The old tulip tree, eventually became buried in OVER 3 feet of soil!
As mentioned, the tulip tree was among the the first old trees to die. It is important to note that this was actually the ONLY tree at the site that should have been threatened by the first phase of construction, due to its proximity to the construction site. There were dozens of other trees that followed in the first phase of construction that should have been protected.
These trees once provided the property with shade, protection and solace from the busy Mountain Avenue below.
Unfortunately, the new tenants of Lantern Hill will have none of that. No shade. No protection from the harsh changes in weather. No privacy from the busy street. I often wonder how many units were sold before these trees died? And was there a discount given after the loss of these magnificent and valuable trees?
Gashes in the trunk of this tree, related to the dumpster located at it’s base 
This old tulip and every tree in the background has since been killed 
Every branch on this OLD tree budded out but the leaves could not open because it was buried in 3′ of soil. 
Pure and simple abuse: this picture shows just how deep the clay soil was. note” It is IMPORTANT TO KNOW, THIS WAS THE ONLY TREE AT THIS SITE THAT NEEDED PROTECTION FORM THE PATH OF CONSTRUCTION.
March 2016 – After several calls, no responses and the clock ticking on the amount of time left available to save the trees, I again arm myself with my pictures and copies of “Rooting Out Problems,” a guide on simple procedures for how to save trees during construction.
I provide this to town administrator Doug Marvin and Mayor Al Morgan. I inform them of the illegal grading and explain how the trees needed to breathe. They respond only by saying “that’s Keith Lynch’s job.” I explain that I had made several complaints and attempts to reach Lynch, but he had never responded. Marvin says that he will have him call me… but this never happens.
March-April 1st 2016 – Frustrated, I return to the building department. It was suggested to me by the clerks, also “tree lovers,” to file a written complaint. So I file a written complaint. I included photos and an outline of the blatant violations of ordinance 2011, sections 301 (i) (ii) 247-3 and 247-5. I also include a list of other trees in town, all dead or dying.
This was again met with no response.
As mentioned, the Borough of New Providence requires that all persons desiring to destroy or remove a tree of certain size must file an application for a permit with the Borough Clerk.
Dozens of trees were killed by this time and there were no permits for any of the trees destroyed.
In early April, I took the photo below of perhaps New Providence’s “oldest resident,” a 200+ year old tree. I was in somewhat of a panic. Over the years I had spent thousands of dollars trying to save trees. Full page articles in local papers, my daughters and I passing out flyers. I could not believe this was happening in our town. And now they were going to kill this old tree.
In the early morning of April 11th I again meet with our mayor Alan Morgan. I lay out all the pictures and I plead with him to help save our trees.
That same day, I also meet with Patricia Swan, the Director of Lantern Hill. I again lay out my pictures, articles and support for how the soil from construction was killing the trees. Unlike the others, she agreed to listen and accepted the evidence I provided. She even followed up, stating that she “had a long conversation with the director of development.” They had agreed “that the soil is too deep around the roots of the trees” and advised that the “landscapers would rake back soil as to not suffocate them.” She assured me that they would do the “right thing, not to smother the trees.”
April 11th 2016: When the system failed I attended at town council meeting. Please see my presentation (scroll to 1:53) as you will see I clearly laid out all the facts. I gave ALL council members copies of the pictures and a copy of Rooting out problems. Together they proved violation of several sections of 2011-1 and the Malicious destruction of our trees. Mayor Morgan finally says he will “look into it,” but again never does. The recording/video of this meeting is proof that the council members knew what was going on. Dozens of trees could have been saved. However, just days later the OLD oak and dozens of other trees were needlessly destroyed. Note: the minutes for this meeting were distorted and mentioned none of the relevant facts.
This picture shows how grand this
old tree ONCE WAS.
Experts say that one big oak tree emits 150
gallons of water each day while filtering
our air. This tree surely used to emit
twice that amount.
As a contractor, I have spent thousands of dollars in removing soil just like this from my worksites over the years. The construction company and Lantern Hill surely saved hundreds of thousands of dollars by disposing this soil on the trees of this jobsite. However if it is contaminated as I believe it to be, in my opinion, they could have saved Millions.
Just as I thought progress was being made, the team at Lantern Hill did the exact opposite of “raking back soil” so as to “not to smother trees.”
See pictures below. At this point, extra soil was completely burying the roots and trunks. I took it upon myself to begin digging a hole at one of the bases in an effort to show just how deep the trees were buried. It was not easy. I had to stop at 18” because the heavy clay was so tightly compacted by the large machinery that had passed over it. When I showed Doug Marvin, this picture, he told me that I was “lucky”, that I was not “arrested”. Sadly, despite my efforts and pictures, this 200+ year old oak and dozens of trees have since died and been removed.
April 18th – After attending a planning board meeting for a house I was building, I stayed behind and presented my pictures of the trees being destroyed and those that could be saved. To my surprise, the planning board members had their own pictures. Chairman Jeff Groebe, a licensed landscape architect in “several states,” and the entire board was appalled at what was going on. Note: At this meeting it was confirmed that there were NO PERMITS or APPROVALS.
Keith Lynch, the town inspector, quickly responded in stating he was actually working with me on this issue. I interrupted to say that was untrue and informed them that I had made numerous complaints with no responses to my calls. His answer to the robbing of the the soil was that it was “contaminated from years of plowing.” Think about that: that statement would suggest that our front yards and street sides were hazard zones.
The whole room was amazed at this. I went sledding at the Mountain Ave site as a kid, and as a father, I brought my children to that hill to go sledding every winter. Not only was the property vacant for many years, but the only clearly polluted soil was the heavy clay currently smothering the trees.
At this meeting, Lynch was ordered to stop the destruction of our trees. I felt a huge weight being lifted and finally felt confident that we were on the path to saving our trees.
However, still, nothing is done and many more trees were DESTROYED.
Even though Lynch was ordered to stop destruction, over the next several weeks this road was carved in along the roots of the trees
April 23rd – Only days after the meeting, I was appalled when I drove by the property just in time to witness a bulldozer take a big chunk out of the Tulip tree pictured below.
I again call town officials, Keith Lynch and Doug Marvin. I point out that the damage is only getting worse and I warn that there isn’t much time to save the trees.
Again. Nothing is done.
This tulip tree located at the top of South Street could have been saved any time over the last 3-4 years.
However, no effort to save this tree and or to preserve ANY other tree on the property has been made.
The tree is almost dead. I believe this is a county tree, thus our taxes will pay for our loss.
May – I was again checking on my building permit approvals which I should have already received. I run into town administrator, Doug Marvin. He advises that Lantern Hill had actually hired an expert to assess the damage to the trees.
But by this time, the damage is already hidden by fill and sod. I ask Marvin to arrange for me to be there, to help show my pictures and the progression of the damage. He responds, “they don’t want you there.”
No kidding.
At this time I told him of my conversation with the Lantern Hill director, and had him listen to the recording of her saying she knew “soil was to deep”.
Figuring that they would have to act on an expert’s opinion, I had my daughter arrange meetings with certified tree experts, Matthew Rodda of Bartlett tree service and Rick Closs of Davey Tree.
I first met with Matthew Rodda, prepared with my pictures and a shovel to dig around the trees. However when we arrived at Lantern Hill, there were already several holes around the trees and throughout the hillside. Rick Closs of Davey Tree had already been there, he was hired by Lantern Hill (per ordinance 2011) to survey the damage. He had already dug holes on the hillside to see how deep the roots were buried. He too had given up after 16-18” of soil.
Both tree experts agreed that the only hope for these trees would be to remove the soil compacted over their roots and provide proper fertilization.
I return to share this with town administrator, Doug Marvin. I tell him that we could still save some of the trees and I even volunteer to help. Marvin interrupts me to AGAIN say I was “lucky” that I was “not arrested for trespassing.”
Again, the trees are left buried and the town does nothing to save and preserve them.
Note that pursuant to ordinance 2011-1, Trees and Shrubs, this report was supposed to be requested by and then go to the borough engineer. Part B of ordinance 2011, section 6, chapter 246 states that “The Borough Engineer shall, at all times, follow the intent of this chapter, which is to preserve trees wherever this can be accomplished.” However, over a year later, our town engineer reports that he knew nothing of these blatant violations.
June 27th – I attend another town council meeting. Matthew Green of 34 Candlewood speaks first. He points out that the grading on the rear hillside of his property had left a big open hole to Lantern Hill, eliminating the privacy screen he once had. The grading also caused a drainage problem and with that, a mosquito problem. He points out that under New Providence ordinances, Lantern Hill should not get a certificate of occupancy (CO) until the damage was taken care of. This would be the rule for you or I. Please see exhibit E my grading permit read # 6, “the applicant is responsible for any damage done to nearby properties.”
I am shocked to hear the council tell him that he, himself, would have to deal with Lantern Hill.
The function of the permit process is not to cause an adverse situation to your neighbor. Apparently, the council turned a blind eye to the law in favor of Lantern Hill.
Please see video (scroll to 1:18) When it was my turn to speak, 1) I reminded the council that Jeff Groebe, head of the planning board had already ordered the destruction to be stopped back in April, but the damage continued. I gave them pictures that proved the destruction has continued. I reminded them that they assured me on April 11th, that it would stop. 2) I informed them that the director of Lantern Hill was aware that the soil was too deep around the trees, and that she had planned to “rake it back” but did the opposite. The pictures I gave them proved this. I also tried to play the recording from Patricia Swan, but was not allowed. 3) Video shows I actually read the ordinances being violated 4) At the end, I point out the town council’s, prior assurances and subsequent failure to do their jobs. One councilman actually replies that perhaps “Keith Lynch needs to be more proactive.” Another states “we will take responsibility for the trees.” 5) At this meeting and prior meeting I point out the harassment my customers and I faced after a prior complaint. VIDEO, shows me giving a letter from my customer and fellow resident who was blatantly harassed.
NOTE: Many of the trees damaged could have still been saved.
Despite my effort, nothing happens. The meeting was a complete waste of time. It was clear this GROUP, the Town Council already had a PLAN which included ignoring local laws for the benefit of Lantern Hill. The destruction continued and dozens of trees have met their unfortunate demise at Lantern Hill.
Too little too late.
July 12th – (Despite the board telling Lynch “time was critical in removing damage”.) They do not begin to remove soil around the trunks of the trees, until over three months later. I took these photos that afternoon. They never completed the work and ALL the trees died.
They should have used an air spade as suggested by the tree experts, however they used a machine excavator, because the soil was so deep. The areas should have been finished with the air spade and fertilized. Note: the 200+ year old Oak in the first picture, it was buried almost 3’ on back side.
This was a beautiful Crimson Maple, which is almost dead and a beautiful OLD White oak, the only on the hillside, which died soon after. As you can see the trunk was buried in over 18″s of clay soil.
After taking the above pictures I stopped at the Green Residence on Candlewood, I was told there was a meeting at the municipal building. The meeting was between town officials and Candlewood residents. I came with the pictures I had just taken and all those before you. I had surveyed the damage in the Greens’ rear yard and intended to provide details. My pictures were proof of the damage and adverse conditions caused to the Candlewood residents. I was also armed with my own Grading Permit Exhibit E which stated the applicant (Lantern Hill) was responsible for damage. Note: I had shown this and pictures to our mayor just days before.
I had actually walked in when Keith Lynch was again lying, telling people that the soil robbed was contaminated due to plowing. I told everyone how this was untrue and offered my evidence. I offered pictures of a screener used at one point. I showed a pile of roots the size of my home. If the soil was “contaminated,” why were they reusing it? Note: On November 30, 2020 he finally admits his knowledge of contamination at site.
Before I could show my pictures and grading permit, I was told by Alan Morgan to “leave or be arrested.” He stated that it was a “private meeting.” But how could that be, I am a resident of New Providence, the MASSACRE at Lantern Hill and the inaction of the town officials to date has dramatically affected our community. The municipal building is our property. Was the deal to dump the soil on the hillside also decided at a “private meeting?”
The below images show what was once part of New Providence’s “urban forest.” The shade previously provided on both the structure and pavement no longer exist.
The construction team and Lantern Hill, with the help of town officials, allowed drainage patterns to be destroyed and town ordinances to be broken in plain sight.
With the loss of our trees, also goes the character of our town, our property values and a large part of our “urban forest.” Trees even create solace and have often been cited for helping with depression. This could have been a healthier, GREEN, environment for our elderly tenants at Lantern Hill. And what better place to have such magnificent trees for them to enjoy?
In a world that seems to be working toward reducing our carbon footprint, our small town is dramatically increasing it. I often ask, how many trees must die before we realize this?
How could we be so “ungreen?”
All trees shown are either dead or dying. 
ALL these trees were removed 10/20/20 
Shade, protection and solace… gone.
BEFORE: shade and lush green beauty 
AFTER: the trees remaining are almost dead
Sadly, our “urban forest” at this site is now a graveyard.
June 2017 – The second phase of construction is starting at Lantern Hill. A huge pile of boulders was blasted from the hillside. I use a lot of boulders in my gardens and so I inquired about them. As you may remember, I was previously informed that the EPA said boulders were contaminated and at risk of “leaching a harmful chemical”. With this in mind, what happened next was unbelievable. They crushed and pulverized the so-called contaminated boulders AT THE SITE. During this time, our area had record rains, likely washing the released contaminants into our water.
March 2019 – The Massacre at Lantern Hill continues. A leach field (to contain the pollution?) is installed along Mountain Avenue, below the area where boulders were crushed. The trees remaining there were buried in three foot of stone and soil. When I reported this I was told it was an “Approved Plan”.
Buried in soil March 2019 and currently at risk of decline. Could be saved with proper care and restoration. 
October 2020 – I have witnessed to this point, almost all those trees that were BURIED, HAVE BEEN REMOVED, and THE FEW REMAINING THAT CONTINUE TO BE AT RISK OF DYING.
November 30, 2020 – In an attempt to save the remaining trees, I call the office and again speak with town inspector Keith Lynch. He admits that the soil is contaminated and refuses to file a complaint on my behalf.
After speaking with the head of the council and explaining all facts. It is suggested I file a written complaint In another attempt to save our trees I file a written complaint. My complaint is answered by town administrator Douglas Marvin, in January 2021, in short it was a letter of omissions. It ignores all violations and does not even mention the trees that could be SAVED.
Also note: Soon after in also in January 2021, I receive a letter from our Town attorney Prizzo, who was at both meetings. In his letter he states that my claims are “unsubstantiated” and in short calls me a LIAR.
The first 150+ year old tree to die on the property 
This beautiful old Magnolia was killed with a dozen more trees in March 2019 
This tree died soon after it was buried in soil 
Buried in almost 3′ of stone and soil.
BOTTOM RIGHT: Magnolia tree now dead but not yet removed from the property.
Unfortunately, Lantern Hill isn’t the only site in town destroying our trees.
Sadly many more trees in our town are being destroyed at other sites in our town. please see “Locations” tab and visit our instagram: @defendourtreesNJ for more information on local trees at risk.
How can you help?
- Sign our petition to #DefendOurTrees at Lantern Hill at change.org/defendourtrees
- File a complaint to the town of New Providence TODAY. See Citizen Action Line for how to submit a report.
- Browse our website and learn how to recognize trees at risk.
- Feel free to let us know about trees in your area that need help.
- Talk to your town officials and ASK THEM what they are doing to ensure that construction projects follow the ordinances in place to PROTECT the trees.
The urgency at Lantern Hill is 1) to remove polluted soil from the hillside, allowing the trees to “breathe” again, and restore natural drainage, 2) stop any further destruction of trees at the NEW construction site at Lantern Hill, 3) provide the remaining trees with proper maintenance and fertilization by a licensed expert and 4) mandate education of town inspectors and municipal workers in charge of maintaining the trees in our town and enforcing the ordinances already in place.
We need to act now in order to save trees like the Crimson King Maple pictured below, whose trunk has been badly damaged by careless bulldozer tracks.
This Crimson King Maple is almost dead.
Possibly could be saved with proper care.
Experts warn of foot & tractor traffic getting this close to trees during construction.