February 25, 2015

D&R Canal Commission Votes Again, This Time Approves IAS Housing Plan

The Delaware and Raritan Canal Commission (DRCC) has effectively reversed the decision it made last month on the Institute for Advanced Study’s plan for faculty housing. The Commission approved the plan Wednesday, February 18, by a vote of 5 to 2.

This vote stands in contrast with that taken by the DRCC last month when only six members voted 3-2 with one abstention. Since four votes are needed for the Commission’s approval, the Institute’s plan was rejected. One commissioner was absent. Commissioner Ed Trzaska explained that as there are seven members of the DRCC, four yes votes are required for a plan to be approved.

After January’s vote, Mr. Afran spoke of “a major victory for the protection of the Princeton battlefield.” He said: “The issue has now been decided.”

But the Institute had said that it would “continue to discuss the project with the Canal Commission.” IAS spokesperson Christine Ferrara pointed out that although the DRCC had not approved the housing project, there were in fact “more votes for it than against it.”

The Princeton Battlefield Area Preservation Society (PBS), which has long opposed the housing project on several grounds, is expected to challenge the DRCC ruling.

PBS had been delighted by the DRCC’s January ruling against the Institute’s proposal to build seven single-family homes and two four-unit townhouses. The DRCC, which oversees and manages the Delaware and Raritan Canal State Park and protects the streams that feed into the canal, had heard arguments from PBS that construction would negatively impact wetlands at the site. They had not expected the issue to be revisited by the Commission.

An email from Town Topics asking DRCC Executive Director Marlen Dooley: “What prompted the Commission to revisit the issue after its 3-2 vote against the IAS plans last month? Did it have anything to do with the fact that only six of the seven commissioners were in attendance at that January meeting?” elicited this email response: “There was a Motion for Reconsideration. The Commission voted on the motion and the motion was approved …. The Commission believes it has the authority to hear motions for reconsideration.”

According to PBS attorney Bruce Afran, PBS organizers heard about the motion for reconsideration just two days before last week’s meeting.

The motion was put forward by commissioner Mark Texel, who had abstained when the Commission voted on the Institute’s plans in January.

After Mr. Texel’s motion for reconsideration was approved, the Commission revisited the IAS plans and took another vote. This time, the plans were approved by a vote of 5 to 2.

In response to the DRCC’s vote last week, the Institute provided the following statement: “We are very pleased that the Delaware and Raritan Canal Commission decided to reconsider its vote last month and today voted 5-2 in favor of the Institute’s fully compliant Faculty Housing plans. With the DRCC’s approval, we may now move to complete the other procedural steps necessary to officially begin the project.”