See CEDARS

Photo By Bill Bonvie

A mature stand of Atlantic white cedars is shown to reporters by a group of state Department of Environmental Protection officials. From left are Elizabeth Dragon, assistant commissioner for Community Investment and Economic Revitalization; Kathleen Walz, ecologist for the N.J. Natural Heritage Program; Robert J. Cartica, administrator of the Office of Natural Lands Management; Assistant NJDEP Commissioner John Cecil, and NJDEP Commissioner Shawn M. LaTourette.

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dead Atlantic white cedar trees.

But that 25,000 or so acres, one official said, still represents “one of the last strongholds of the cedar resource on the Eastern Seaboard,” with the latter only having 125,000 acres of Atlantic white cedars left.

That’s why the department has now embarked on an ambitious effort to restore 10,000 acres of these versatile and valuable but slowly vanishing trees—one being billed by NJDEP Commissioner Shawn M. LaTourette as “the largest forest restoration project ever undertaken in New Jersey and the largest ever in the nation restoring Atlantic white cedars.” The project, which will be conducted in state forests, parks and wildlife management areas, will be funded not with tax money, but rather with some $190 million in damages recovered from polluters of state-owned lands, including settlements with manufacturers and distributors of gasoline containing methyl tertiary butyl ether (MTBE) that contaminated groundwater and surface water throughout the state.

The agency’s approach to the restoration, as Assistant NJDEP Commissioner John Cecil explained it to the Pine Barrens Tribune, is to focus on areas where cedars are already present “to leverage as many of the existing trees as possible, rather than cultivating new ones, to the extent that we can work with nature to solve the problem, or to create the conditions where they can naturally regenerate.”

“But we’re not looking at places where they’re dying,” he added.

The latter type of locale, known as a “ghost forest,” was one of the sites shown to reporters on the tour—a haunted-looking area of dead cedar trees that officials said had been killed by flooding due to beavers having built a dam in the immediate vicinity, rather than the type of saltwater incursion that is causing similar die-offs of cedar forests to occur in areas closer to the coast.

Beavers, however, aren’t the only natural threat to the health of Atlantic white cedars, as the NJDEP officials indicated. So are white-tailed deer, who are fond of nibbling on young saplings and often have to be fenced out of areas—in one case, using a solar-powered electric fence—where new cedar tree growth is being encouraged, as

A “ghost forest” created by flooding from the beaver dam at right.

Photo By Bill Bonvie

well as wildfires and competition from other types of trees, such as red maples and gums, which tend to take over locations that have been previously stripped of cedars, and which occasionally require removal with heavy equipment so that new cedars have the room and sunlight they require to grow and thrive.

“The removal of all that cedar (for building purposes) made it easier for other species to move in and made it harder for the cedar to re-establish itself,” LaTourette maintained. “The public is then deprived of the benefits of the cedar.”

Those benefits to the environment, LaTourette explained to the group, go beyond beautifying it. The root structure of the trees, for instance, is “absolutely phenomenal at holding back flood waters, or filtering the surface water and making our groundwater more suitable for drinking”— something especially valuable to people in areas where municipalities aren’t piping in their drinking water and residents must rely on having potable well water. It also moves a substantial amount of carbon out of the atmosphere by storing it in the soil, he said.

In addition, he observed, Atlantic white cedar forests provide “a very stable environment over a long period of time”—a point illustrated by the final stop on the tour, an extensive stand of mature, 40-60 feet tall trees, which, if all goes well, those overseeing the project are hoping to replicate.

Not only is this particular cedar swamp “one of the oldest in the country,” explained Robert Cartica, administrator of New Jersey’s Office of Natural Land Management, but it is also one that supports a number of rare plant species, about 350 of which are listed as endangered, including “a really stunning member of the lily family,” and “50 that are totally rare” and “found nowhere else in the world” other than New Jersey.

“This is what we’re aiming for,” LaTourette declared. “It’s going to take a little while … putting the Atlantic cedar back in places where it’s going to take root and provide habitat for other species … and give New Jersey residents something to enjoy at no cost to them.”

The NJDEP restoration program, the commissioner maintained, is also a prime example of how investments made in nature can also benefit society at large, challenging the idea that we must choose between protecting the environment and protecting the economy, which he contended has “always been false.”

“We created this program of community investment and economic revitalization to turn that notion on its head,” he added.

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of last year.

The operation planned for Old Indian Mills Road and Route 206 was also the subject of similar resident concerns once the plan became known, with Gimble replying at the time that establishing cannabis businesses in the municipality has “been a conversation for two years or more” and those conversations have looked at establishing cannabis firms in locations “that are not as dense” versus “some places in town.”

An ordinance introduced at the April 5 meeting, tentatively scheduled for passage in May, would amend Shamong’s current Cannabis Zoning Overlay Ordinance, adopting recent recommendations of the Pinelands Commission, to primarily remove a “corn maze of an Adventure Farm,” across from Mighty Joe’s on Route 206, as being one of the areas designated for cannabis use, “with the understanding we are going to continue the conversation about rezoning that piece to put it back in.” A “swap with Pinelands,” according to Heinold, is also on the table. The reason for the recommendation, Heinold noted, is because the lot is considered a “different type of commercial” property.

“There were very limited issues they had with our ordinance,” said Heinold of the Pinelands Commission review, noting the only other change of real significance is to remove cannabis use for a forested area near “Murphy’s Pit” on Atsion Road.

However, what remains among the areas designated for cannabis operations in town is the 123-acre sand pit itself, as well as a neighboring 16.5-acre landfill, where a solar farm is currently proposed, with the former parcel referred to locally as also “Big Horn Sand Pit,” in addition to Murphy’s Pit.

Heinold, on April 5, noted that Big Horn Sand Pit Solar Farm, LLC, of Holmdel, commonly referred to as “Big Horn Solar,” whose parent company is CEP Renewables LLC, a designated redeveloper for the pit and landfill, would be “given the option” in a proposed redevelopment plan unveiled on April 5 to provide for a cannabis use.

“Their intent is to put solar in,” Heinold explained. “A secondary potential use is cannabis use.”

The reason the proposed cannabis use would be secondary, according to Heinold, is the redeveloper currently doesn’t have an “identified user” for cannabis and putting in such an operation “is not really at the forefront of what they are trying to accomplish.”

“This plan only deals with solar,” said Heinold of the proposed ‘Atsion Solar Redevelopment Plan,’ adding that “it may need to be amended if a cannabis use comes forward.”

Heinold revealed, in response to a question from Shamong Deputy Mayor Michael Di Croce, who previously revealed his intent to make Shamong the “pot capital” of the state, that “if there is a cannabis use on the site, it would integrated into a solar canopy.”

“If you think about it, you have a whole solar field out there, and the idea would be to solar the whole thing around it and put solar on the roof, things like that,” said Heinold of what a combined solar and cannabis use would look like for the tracts.

The plan, however, according to Heinold, is “essentially part of the rehabilitation designation process,” which will allow the solar company “to make certain applications to the state” to “try to get approved for solar on the site.”

Among some of the preliminary details in the proposed plan, which will become official upon the Shamong committee approving another ordinance on second reading, tentatively scheduled for May, is that the front yard setback for the proposed solar facility has been increased to 65 feet “for panels and equipment,” and that the “solar will be in the pit” so that there is “already a natural point at the site where it drops off” (or drops out-of-sight).

The proposed plan also, according to Heinold, calls for “some enhanced buffering to be considered relative to the landfill site,” which is the “only side with an immediate residence next to it.”

“There is discussion about a vegetation and landscape plan,” Heinold added. “When you pass by the front of that site, we are not talking about an open farm field or open vacant piece of property. We have a fairly decent woodline existing across there. The idea is not to clear-cut, but to maintain that vegetation, and where needed, put additional vegetation so as to screen and buffer appropriately.”

“Rather than a straight-shot driveway that would give you a straight view into the pit, there would be an angle driveway so that the woodline can sort of continue to act like a natural buffer.”

The proposed plan, the township solicitor contended, will allow the township to “require sufficient screening,” and calls for a “bonding requirement for screening” so the redeveloper “cannot walk away” should the vegetation that is planted die, and the parcel “gets maintained.”

He noted that the municipal fencing code currently requires a 7-foot fence around a solar facility, but the proposed redevelopment plan (which essentially applies new zoning to the aforementioned parcels) will allow for “a maximum to allow for up to 8-feet height.”

Although still under discussion, according to Heinold, a “security sensor” may be favored over barbed wire to “shut the whole thing down if something is being tampered with,” due to the latter often raising liability concerns.

Some 30 percent of the pit parcel would contain solar arrays, Heinold noted, with the landfill lot having a “pretty high coverage level.”

An agreement, the township solicitor noted, is in place “for tax liens on the landfill part of the property.”

“It would generate roughly $150,000 in revenue just to give them tax liens to allow them to foreclose on the landfill and acquire the property,” Heinold noted. “It is a dead property for us that is sitting on the tax rolls, collecting no money, and tax liens with no collecting over the years. So that takes that property, puts it back into a taxable benefit for the town, making it a ratable.”

Di Croce pointed out that the landfill, back in the 1970s, was a spot where people would See CANNABIS/ Page 13

Photo Provided

A “red notice” violation issued to Carolyn Carns due to more than one commercial vehicle being stored on her property.

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(Continued from Page 9) actually occurred on March 16, though David Carns described to this newspaper that he observed no one from the municipality on his property that day.

On March 25, Portocalis sent an email, later obtained by this newspaper, to a coowner of Brianna’s Farm Stand, which is located on the Carns Family Farm, informing her that she was “just made aware” of a Facebook post announcing that the farm stand would open for the season on March 26 and that “Brianna’s Farm Stand cannot open at this time.”

Portocalis, in the email, contended that the reason the farm stand could not open was because “the required permits have not been submitted, nor approved.” The zoning official, in the email, advised the coowner that she would be reaching out to the “property owner (Carolyn Carns) via letter.”

She followed through on that promise, with both David and Brian Carns later confronting Portocalis at Medford Town Hall, claiming a check was mailed several weeks earlier, along with a completed application. Portocalis, in a video of the confrontation, maintained that because the check did not clear the bank, that means the municipality never received it.

In the same correspondence over the farm stand, the zoning official maintained a permit was also needed for the firewood stand on the farm, but that she would be willing to accept a submission for both the firewood and farm stand “under the same zoning permit application.”

Additionally, Portocalis asked to inspect a sign on the farm due to it appearing to be beyond the permitted size, but that she would accept images with a tape measure, as well as visited a second site on Maine Trail in which David Carns was performing tree work at.

Those multiple actions in a span of a couple days had already raised concern that complaints being made as part of a neighbor dispute were being taken to the extreme with zoning laws being applied unfairly.

But since this newspaper’s two published reports on the matter last month, more letters have reportedly been sent to the Carns.

On April 5, for example, Portocalis wrote, “it has again come to the attention of the Medford Township Zoning Office that the ‘Cornerstone Tree Service’ business is operating from the above referenced property, which includes the parking of multiple commercial vehicles, and equipment related to the tree service business, along with stockpiling of wood, stumps, landscaping and other materials potentially in designated wetlands.”

Portocalis continues that due to the zoning for the farm, “you cannot operate a tree removal service business from this location.” A prior Zoning Board Use Variance Application, she noted, “to operate the tree service business” was “withdrawn,” contending there was an attestation made at the time of the withdrawal “that no more than one commercial vehicle utilized by the tree service business would be parked on the property as permitted for all residential properties in Medford Township.”

The Medford zoning official wrote that “since the zoning board application was withdrawn without prejudice,” Carolyn Carns could choose to “re-apply” for a use variance or “your other option is to cease all operations of the tree service business from this property” as well as “permanently” relocate the commercial vehicles, except for one as permitted.

“The last time we spoke here (April 5), the next day, we got a letter about our commercial trucks at our farm,” said Brian Carns during the April 19 council meeting. “… So, I am just trying to understand, I have my tree trucks at the farm with the firewood and Christmas tree farm – how do you guys plan on enforcing the laws against the farm saying my trucks can’t be there? My trucks can be there during the day (to conduct operations), but then can’t be there overnight (it is unclear if that triggers “storage”) because it is commercial? Is that what we are talking about here?”

After nobody immediately responded to his query, Brian Carns asserted, “You guys sent the letter – mayor you know the letter we are talking about,” to which Watson replied, “‘We’ didn’t send you a letter – the ‘zoning officer’ sent the letter.”

“How is that going to be enforced, my trucks are going to be at the farm – we need them there?” Brian Carns asked. “Is someone now going to watch the farm 24/7, and say, well those trucks have been there for 24 hours now? Can the trucks spend the night there if I am working during the day? You guys are going to go down this rabbit hole where you are micromanaging our farm and I don’t know how you are going to enforce that!”

Neither council, nor Burger, answered Brian Carns’ questions regarding the enforcement.

Additional letters purportedly sent to the Carns since March include a “red notice” violation over the commercial vehicles (one that is actually on a bright red piece of paper that makes it difficult to read).

Additionally, the Sherwood Forest customer received a letter from Portocalis, obtained by this newspaper, stating that “as we discussed during my site visit on Monday, March 30, a violation has occurred as your entire property is located in Pinelands Commission mapped wetlands.”

Portocalis, in the letter to the customer, writes that “based upon past experience, the Pinelands Commission will require you to replant/revegetate the disturbed areas in your rear yard.”

“Additional details on this will be included in a forthcoming letter from the Pinelands Commission,” she added. “Please note any restoration plan must be approved by both the Pinelands Commission and Medford Township.”

In that letter, in addition to appearing to speak for the Pinelands Commission while in her role as township zoning officer, Portocalis also appears to speak for the local homeowners’ association, writing, “In addition, your property abuts dedicated open space owned by the Sherwood Forest Homeowners’ Association. To that end, you will have to document that the clearing did not take place on HOA property. I have copied the HOA to advise if clearing has taken place on their property, and if it (sic) proven that this has occurred, the HOA will advise how they will address the encroachment and disturbance on their property.”

It is unclear what authority the township zoning official is provided to report a private citizen to a non-governmental organization.

According to David Carns in a later interview with this newspaper, the homeowner involved in the second Portocalis site visit on Maine Trail also recently received a letter. This newspaper has also obtained that correspondence in which Portocalis acknowledges in the letter that the trees removed did not actually require a permit, but states the purpose of her writing the letter is to actually “request a total tally of the number of trees removed.”

But “my biggest problem here,” according to Brian Carns, is that “I did a funny post last year when recycling was backed up … I always wanted to start a landfill,” and “we were laughing about it,” and of the “20,000 members on Medford 08055,” the farm stand and farm caretaker then asked, “Guess who calls the county and fire department?”

Brian Carns, after asking the question, extends out his arm and points straight at Burger and stares at her in silence, all as some in the audience are heard chuckling.

“She does!” Brian Carns declared. “Now, either you (Burger) are the biggest idiot on the planet, or you know that was a joke and you are using it to harass me!”

Burger didn’t say a word at that tense moment, but Watson asserted he was “interrupting” Brian Carns, because “our ordinances say you have to show ‘respect.’”

“I don’t show her any ‘respect!’” declared Brian Carns, holding his paperwork in such a manner to point at Burger again. “She is totally disrespecting my farm! … She is a public servant! That is the problem, mayor! We are paying her $150,000 a year and she is harassing me! I have letter after letter!”

Brian Carns then pointed out there was a “post” and Burger “didn’t like it,” so she, “went to Beth and said, ‘Do something about this!’”

“She has also contacted the fire department in the last six weeks saying, ‘You are either ‘with us or the Carns Family Farm,’ with a social media comment posted by a fire department officer in support of the Carns, according to sources, apparently said to be the reason behind the alleged contact.

Burger, at the point that Brian Carns made the allegation, burst out laughing and shook her head, causing the latter to quip, “You look like a seventh-grade little girl sitting there!”

“Mayor, I have no respect for her!” Brian Carns emphasized. “We are paying her $150,000 and she is harassing me. C’mon! You wouldn’t sit up here and respect her either!”

Brian Carns contended that after Burger “called the county,” the “county came out and harassed my mom!”

“It is right here!” he said. “Do you want to see it?”

Brian Carns then reads aloud the Facebook post he contended he made in jest, before reading what was written to Thorn.

“Your time is up!” said the mayor at that point.

Prior to Brian Carns speaking, however, David Carns raised another email exchange involving Burger, this one in which the township manager on March 19, 2019, wrote to Watson and Czekay with the “addresses (244 Church Road and 276 Tuckerton Road) for the residents who spoke on storing commercial vehicles,” as well as provided their names and the type of commercial vehicles they have.

Burger’s email, sent at 12 noon that day, receives a reply from Czekay at 12:42 p.m., “Kathy, can you have Beth (sic) the 233 Church Road property to make sure that the outbuilding in the backyard was built with all approvals and permits in place. It is a big building.” Burger clarifies with Czekay that he meant 244 Church Road.

Burger, at 1:03 p.m., then takes the deputy mayor’s email and forwards it to Portocalis, writing, “Please see below from Frank Czekay regarding 244 Church Road.”

The following day, Portocalis writes to Burger and the deputy mayor, “We found construction permits & a Certificate of Occupancy in the file from 1991 approving a 24’ x 40’ garage. We are still checking the old zoning board minutes and resolutions, but the size does confirm (sic) to current ordinances, so I’m assuming it was close to the same in 1991.”

“Council meets on adopting an ordinance to make it illegal for certain trucks over a certain Gross Vehicle Weight (GVW) to be parked on resident properties,” said David Carns to council on April 19. “There is a particular homeowner, he is a veteran, who has a triaxial on Church Road and you guys aren’t happy; there are definitely some complaints coming in. You guys are looking into this. You guys have a meeting here.”

David Carns then reads the exchange aloud.

“That is what you wrote – so what are you Google Earthing stuff of people who come and are speaking, looking at issues in their backyards?” David Carns asked. “Is that what the council is supposed to do?!”

Czekay replied, “no,” maintaining that he “drove by the property.” That prompted See MAYOR/ Page 15