By Philip Sean Curran, Staff Writer
Borough Council declined Tuesday to create a historic district in an upscale section of town rather than fight a legal battle against opponents of the proposal.
Instead, officials said they would consider the Morven tract historic district next year when the two Princetons are consolidated.
”I do support the district and I would like to take the steps to be as cautious as possible and take the steps necessary to make an ordinance that’s strong,” said Borough Councilwoman Jenny Crumiller, who will be part of the future government.
Located in a part of town by Bayard Lane, Hodge Road and Library Place, the proposed district is home to an eclectic mix of housing styles, including a residence that former President Woodrow Wilson lived in on Library Place. Supporters of the proposal have been trying for several years to get it passed, but have been met by opposition from most of the affected property owners.
Both sides found themselves back at the council meeting Tuesday night. The council’s agenda Tuesday listed a scheduled second reading on the ordinance creating the district and then followed by an up or down vote. But four of the six council members were on the dais when the issue came up, as Councilmen Roger Martindell and Kevin Wilkes recused themselves due to conflicts of interest.
When the issue came up, Borough Mayor Yina Moore announced that the council would take no action. The reason: Opponents recently had gone to court seeking an injunction to stop the governing body from voting.
A hearing before a Superior Court judge was scheduled Monday on the injunction request. That hearing, however, became unnecessary because the borough notified the judge that the council would not be acting on the ordinance.
”The council deliberated and struggled with this decision to not approve it and undertake a legal battle. So the decision was made that we do not want to litigate this matter as we believe there is enough doubt in our minds that the ordinance/process could not sustain the challenge,” Borough Administrator Robert W. Bruschi wrote in an email Wednesday.
”Bottom line is you don’t want to spend money on something you think you will lose,” he continued. “What you want to do is save that money to defend something that you believe you will win.”
Even though there would be no vote, Ms. Moore asked lawyers for both sides to address officials and then allowed residents who live outside the district to speak during public comment.
Mark A. Solomon, the lawyer for the opposition, said a majority of the homeowners in the proposed district oppose the designation. He rejected the rationale that the protection is necessary to fight the demolition of homes.
”The fear of teardowns is not a legitimate legal basis for establishing a historic district,” he said.
A sticking point is homeowners would have needed to get approval from the local historic preservation review committee before making any exterior changes to any part of their homes that is visible from the public right of way. Mr. Solomon said the ordinance cannot be applied fairly because it’s up to the board to determine if alterations are visually compatible in an area where housing styles are so varied.
Frederick C. Raffetto, lawyer for the supporters known as Friends of the Western Section, said the local master plan says the Morven tract should be considered for historic designation. He argued the designation would be good for the entire community.
Afterward, the public weighed in most favoring the designation.
”Let’s respect and keep the historic value of the homes in Princeton,” longtime resident and local historian Shirley Satterfield told the governing body.
Resident Paul Driscoll said he favored the area being made into a historic district, citing the architecture of the homes.
”Laws don’t make and preserve history, laws don’t make and preserve homes, people do,” said Scott Sipprelle, president of the Board of Trustees of the Historical Society of Princeton and opponent of the designation.
Opponents of the proposal have said the idea has divided the neighborhood.
”Borough Council did the right thing by not acting upon a deeply flawed and wildly unpopular ordinance,” said Kim Pimley, a former borough mayoral candidate.
The borough already has four historic districts, although a new one has not been formed in about a decade.

