Princeton Battlefield Society Files Appeal

The Princeton Battlefield Society on Sept. 21 filed an appeal in Superior Court of a default determination by the Delaware & Raritan Canal Commission (DRCC), due to the lack of quorum.     

The appeal follows an application by The Institute for Advanced Study for approval of its proposed housing project partially within prohibited stream corridors under DRCC's juristiction. The Battlefield Society objected and requsted the recusal of a DRCC commissioner for a conflict of interest. On Aug. 15, the commissioner was recused, leaving the DRCC with only four members, short of a quorum.

According to Society President Jerald Hurwitz, “the problem is that the DRCC has several vacancies and there have been no recent new appointments by the Governor.” There is a two-step process for appointing commissioners, the second step is confirmation by the NJ Senate.

At a hearing on Aug. 15, the DRCC chair announced that because no quorum would exist on Sept. 2, the 45th day after completion of the application, the application would be automatically approved under the 45-day automatic approval rule included in the DRCC statute.

Bruce Afran, the attorney representing the Princeton Battlefield Society, said the DRCC issued no written decision and there was no opportunity for either the applicant or objectors to present their cases. According to Afran, “by allowing for automatic approval, PBS was unable to present its concerns about wetlands that are located on the property, but were not reported to the Department of Environmental Protection.”

Afran said the IAS is asking the DRCC to allow for construction in a wetlands area, and in return would allow the DRCC to include in its buffer zone an additional acreage of the same amount. Afran said the DRCC would be giving up vital wetlands necessary to hold and clean waters entering the Stony Brook, a violation of its own policies and a violation of the Clean Water Act.

This action by the Princeton Battlefield Society follows its July appeal of the Princeton Regional Planning Board’s decision. That appeal is still pending.

In April, 2012, Princeton Battlefield Society also filed a complaint in the Chancery Court asking for a judicial determination on various site limitations created by a 1992 Agreement between the IAS and Princeton Township.

"This property is the center of the winning counterattack at the Battle of Princeton," Hurwitz said. "That is why we are so committed to saving it. Governor Edge, when he formed the Park, wanted to include it because of its vital significance. However the IAS purchased the property from Mr. Maxwell, before the State could do so.”  

Princeton Battlefield, including this site, was designated in June, 2012 by the National Trust for Historic Preservation as one of America’s 11 Most Endangered Historic Places for 2012.