PRINCETON: Battlefield group appeals Planning Board finding

By Jennifer Bradley, Staff Writer
   The Princeton Battlefield Society has filed an appeal of the Princeton Regional Planning Board’s decision to allow the Institute for Advanced Study to build faculty housing on a part of the battlefield known as Maxwell’s Field on Friday, and is also seeking funds to support the society’s fight.
   According to the society, the proposed development area of the battlefield is believed to be the site of a winning counterattack lead by George Washington during the Battle of Princeton.
   The appeal includes 12 counts that challenge the Planning Board’s decision.
   ”The Planning Board failed numerous times to properly support its decision with proper findings of fact,” said PBS’s attorney, Bruce Afran. “We vigorously disagree with the Planning Board’s decision to allow this 15-unit development to move forward.”
   According to Bill Spadea, a member of the Princeton Battlefield Advisory Board, during the overnight of January 2-3, 1777, George Washington led an army of patriots from Trenton on a march in an attempt to outflank the far superior British Army by attacking the garrison in Princeton.
   According to Mr. Spadea, upon arrival, a portion of Washington’s army was routed by the British. In response, Washington personally led his army on a successful counterattack, which swept the British from the field. According to the society, the site where the institute wants to build is the site of that counterattack.
   The society holds that the battle was Washington’s first victory over British regulars, and served as a crucial turning point in the War for Independence. It thinks the Battle of Princeton established George Washington as a master strategist and a revolutionary leader while inspiring Americans everywhere to challenge the British.
   The National Trust for Historic Preservation also named Princeton Battlefield to its list of 11 most endangered historic places for 2012 on June 6, 2012.
   ”This designation not only recognizes that the Princeton Battlefield is the site of a seminal Revolutionary War battle, but it also recognizes that, in fact, the heart of that battle was on property next to the battlefield park that the IAS intends to develop for faculty housing,” said Kip Cherry, the first vice president of the society.
   Despite these claims regarding historical importance, the Planning Board unanimously approved the 15-unit housing development plan in March.
   ”The appeal asserts that the Planning Board’s approval violates the E-2 Zoning limitations defined in the 1992 settlement between the township and the IAS, which does not permit cluster housing,” Mr. Afran said. “And in any event, the Planning Board’s findings violated the Municipal Ordinance’s requirements for cluster housing by not meeting the requirements for an ‘As of Right Plan’.”
   According to Mr. Afran, an “As of Right Plan” is a conceptual site layout that must meet zoning requirements, in this case one acre lots that are not encumbered by buffers or setbacks or other lot use limitations.
   PBS said the appeal also states that the Planning Board failed to make findings of fact as to unrefuted evidence of the presence of wetlands on the site, and its conclusion that the proposed development will not impact wetlands is arbitrary and unreasonable.
   According to Mr. Afran, the appeal also disagrees with the Planning Board’s acceptance that the historic and archeological features of the site would be protected.
   According to Mr. Spadea, PBS is also challenging whether the Delaware and Raritan Canal Commission should grant the privilege of using buffer averaging for the project. In doing so, the DRCC will be giving up wetlands and woods that would fall within the buffer area and would be destroyed by the development, degrading the quality of water flowing into Stony Brook, he said.
   Mr. Spadea also said PBS is pursuing protection for unreported wetlands through Federal Court under the Clean Water Act.
   Additionally, PBS said it is objecting to the construction of one and possibly two force mains across the site of the counterattack.
   ”Our most immediate concern right now is that important artifacts will be destroyed during the process of this construction,” said Ms. Cherry. “I can’t imagine that any archaeologist would say that the monitoring plan that the IAS is using is the same as a full archaeological investigation.”
   In order to successfully fight its legal battle and preserve the battlefield, PBS is seeking support and funds.
   It has sent email encouraging people to spread the word and donate whatever they can afford.