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Embankment
Preservation
Coalition
ACTION ALERTS
ACTION ALERT #8 Zoning Board Affirms Historic Preservation Commission Decisions - Denials of Demolition Permits Stand
8/18/09 - The Zoning Board of Adjustment tonight affirmed Historic Preservation Commission decisions that denied demolition permits for the Harsimus Branch Embankment, a Municipal Landmark.   The Commission had earlier rejected assertions by Conrail and its developer partner that the Embankment had to be demolished to enable reuse of the historic site and that the developer could not make a reasonable return on the property.

In a three-hour hearing, the Zoning Board gave the record a fresh look. The Board viewed a powerpoint presentation by an architect for the developer and heard from the developer's attorney as well as an attorney representing the Commission. 

The developer's attorney indicated that a Zoning Board decision unfavorable to them would be appealed to Superior Court.

Thank you to the many supporters of Embankment preservation who attended the hearings.
ACTION ALERT #7 Thanks to your advocacy, S2538 passed the Senate Transportation Committee, 5-0.. 

Unfortunately, it was not posted for a final vote by the Senate before senators went home for the summer.  We will call upon you again in Fall 2009 to help insure passage of this important bill in the public interest.
ACTION ALERT #6
6/6/09 - We asked you to contact Senator Sacco to move Senate Bill S2538 through the Senate Transportation Committee. It has now been scheduled for consideration on June 11! 
Thank you all who participated! We will post their decision when it is reported.

NJ Senate Bill S2538 strengthens existing state law that provides for a period during which railroads must negotiate exclusively with government entities when a rail line is abandoned at federal law.  It also provides governments with a right of first refusal for 90 days following a railroad's notice to a governmental entity of an offer to purchase a right of way by a nongovernmental entity. S2538 is identical to Assembly Bill A3120.
ACTION ALERT #5
Hardship Exemptions Denied - Commissioners Say No to Demolition
5/14/09 - After 25 hours of testimony over multiple hearings, the Jersey City Historic Preservation Commission voted 6-0 to deny applications for hardship exemptions that, if granted, would have allowed demolition of the Harsimus Branch Embankment. The applications were brought before the Commission by six LLCs that claim ownership of the Embankment. 

The LLCs maintained that the property should be considered under the Commercial criteria in the city ordinance, which would entitle them to a 12% return on assessed value.  

An expert witness for the Commission, Charles Blau, Esq., IFAC, cited multiple reasons why the property should be considered under the Non-Commercial category, which is less generous to applicants.  The Coalition testimony agreed.  We cited examples from the state Municipal Land Use Law (MLUL), from which our local ordinance derives, that support the definition of residential property as Non-Commercial within the land use context.

The Applicants may have undermined their own case by presenting a development scenario that would have allowed a return, and by testimony that seemed to undercut initial contentions that the property was constrained from development by zoning, its historic status, and its physical characteristics.

The Coalition board thanks supporters of Embankment preservation who attended hearings.  We were impressed by the intelligent questions and patience of the Commissioners throughout these long hearings, and are gratified by the decision.
ACTION ALERT #4
5/7/09 - Federal Surface Transportation Board environmental comment period for docket#: AB-167-1189-X  has concluded. Final comment count will be posted shortly. 
Historic Preservation Commission Hears Demo Applications;
Great Public Turnout by Embankment Supporters!
ACTION ALERT #3
4/1/09 - After an hour and a half of rebuttal, the Historic Preservation Commission unanimously voted to deny the Certificate of Appropriateness for Demolition (i.e. did not grant a demolition permit) to the Applicant. Again, we'd like to thank our supporters for the impressive turn out at these meetings. Thanks to all who provided testimony or attended the hearings.
3/9/09 - Embankment preservationists filled City Hall's Council Chambers for Historic Preservation Commission hearings on applications for demolition of the Embankment landmark. The Commission is expected to hear staff recommendations and make a decision during the April 1st special meeting.
ACTION ALERT #2
Resolution 09-076 endorsing NJ Assembly Bill A-3120 (identical to S-2538) and recommending clarifying language.
ACTION ALERT #1
City Council passed this resolution 8-0, thanks to Coalition emails and phone calls and support of Mayor Healy.  The NJ Legislature bills require railroads to negotiate in good faith with governments when they abandon rail lines, and gives governments a first right of refusal.