Township To File Lawsuit Against McGrath Homes

Newtown Township will file a lawsuit against McGrath Homes that seeks restitution for a 112-year-old tree that was illegally cut down in April.

The supervisors on Wednesday voted to have its attorney file a lawsuit in Bucks County Court seeking $85,000 for the European beech tree, a figure that was determined by an assessment by a professional arborist.

Preservation of the tree was a condition of approval when Newtown Township approved the development in 2006. However, on April 13, the beech tree was cut down by contractors without advance approval by the township.

An examination of the stump and the main trunk determined that the tree was structurally sound at the time it was cut down, according to the report by arborist Russell Carlson of Tree Tech Consulting. However, the tree was in better health prior to the start of construction in 2007.

“Photographs of the tree show it as having a full and well-developed crown through 2006,” he said in his report.

Carlson said he used the “Trunk Formula Method” to determine the replacement cost.

“I have determined the value of the European copper beech tree as of April 13, 2015, to be $85,500. In my opinion, this figure represents the fair value of this tree as it was when it was cut down. For comparison, using the same methods I determined the value of the tree as of October 2006, prior to the commencement of construction activities, was $111,800,” his report said.

“The difference represents the deterioration of the tree over the past eight years due to neglect,” his report said.

The tree was “large and healthy” prior to the start of construction, Carlson said.

“From the beginning of the planning process and throughout the development project, this tree was disregarded despite its significance and a zoning approval requirement to preserve and protect the tree,” Carlson said in his report.

The Villas at Newtown development has been the source of controversy ever since last year, when McGrath asked the township for permission to tear down an existing farmhouse and replace it with a dozen villas. Restoration of the 1840s farmhouse was also a condition of approval when McGrath received the go-ahead to construct the 172-unit development.

Newtown’s Joint Historic Commission recommended the township deny the demolition permit for the farmhouse after its members said they completed extensive research.

The supervisors have requested the developer bring another plan forward for the future of the property. The sketch plan is expected to be reviewed by the township supervisors at a meeting next month and may be in front of the planning commission as early as next week.