April 18, 2012

Ordinance Introduced By Borough Council To Save Right-of-Way

At Borough Council’s meeting last week, a spirited discussion became contentious during a presentation about efforts to preserve a portion of the existing Dinky right of way. In a 3-2 vote, Council approved introduction of an ordinance that would preserve the right of way, which would cover a 50-foot-wide segment of land on the Borough side of the Dinky tracks.

Council members Jenny Crumiller, Roger Martindell, and Jo Butler were for the ordinance, while Kevin Wilkes and Barbara Trelstad voted against it. Heather Howard recused herself because she works for Princeton University, which owns some of the property in question.

In introducing the resolution, Mr. Martindell said the ordinance would show the Council’s intent to amend the map to include the Dinky right-of-way as a public right-of-way. “If we took that step, there could be no development on that site until one year after final approval is given,” he said. “The purpose of the resolution was to preserve the public trust.”

Even though the governing bodies already negotiated a right-of-way with the University along Alexander Street, preserving the existing right of way provides more options, he said, adding that he hoped Township officials would agree and also attempt to preserve the portion that lies in the Township.

“It’s a linchpin for further extending the right of way to Nassau Street, a tool for a tool kit,” Mr. Martindell said. “It enhances value to our community, including the University, and I heartily endorse it.”

University Vice President and Secretary Bob Durkee did not mince words in his remarks to the Council opposing the ordinance. Starting with “Given all the ridicule directed at Sarah Palin for the bridge to nowhere, it is surprising that members of Borough Council are proposing a right of way to nowhere.” Mr. Durkee complained that University officials were not informed of the proposed ordinance. “There was no prior discussion and no attempt to collaborate and cooperate,” he said, adding that the proposal was a way to undo the Memorandum of Understanding (MOU) reached last year between the University and the governing bodies regarding the University’s planned $300 million arts and transit neighborhood.

The right of way would end at the border of the Borough and Township, where there will be no rail connection after the Dinky station is moved 460 feet south of its current location, Mr. Durkee said. He told the Council, “I think you’ve received bad advice,” adding that the right of way would require an up-front payment that would also cause problems in the newly consolidated Princeton, because officials would have to decide whether to purchase the land or allow the right-of-way to lapse, he added.

Speaking after Mr. Durkee, Borough resident Peter Marks said, “Mr. Durkee’s comments bring about two words: brazen and insolent.” Conversely, Borough resident Chip Crider criticized Council for putting forth the measure and questioned whether it was legal. “When the zoning was passed, you agreed with me that it was time to move on. What happened? It is crazy as far as I can see,” he said. “Your continued bickering is harming our town.”

Opposed to the measure, Councilman Wilkes said it would damage progress that has been made in negotiations with the University. “We won’t get anything done if we don’t have the full cooperation of everyone,” he said. Council President Barbara Trelstad agreed, saying the ordinance would put the MOU in jeopardy. She added, “I am extremely disappointed in this community.” The exchanges during the meeting had “risen to a level that has gone beyond civility,” she said.