The Delaware & Raritan Canal Commission (DRCC) did not approve the Institute for Advanced Study’s plans to build faculty housing on its property in Princeton close to the Battlefield State Park when it met on Wednesday, January 21.

In spite of being passed by the Princeton Planning Board, the proposal for seven single-family homes and two four-unit townhouses failed to gain enough votes for approval by the DRCC, which oversees and manages the Delaware and Raritan Canal State Park and protects the streams that feed into the canal, which supplies drinking water to 20 percent of New Jersey’s population.

Because the Institute’s property is adjacent to one of the streams protected by the DRCC, approval by the Commission, in addition to approval by the Princeton Planning Board, was needed in order for the Institute to move forward with its plans.

The hearing, which took about four hours, included comment from former Princeton mayors Chad Goerner and Phyllis Marchand, both of whom spoke in favor of the IAS plans. Those presenting the case against were Bruce Afran, attorney for the Princeton Battlefield Society(PBS) and Kip Cherry, the non-profit organization’s vice president.

The four men and two women commissioners voted 3 for and 2 against 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.

The three yes votes came from Mr. Trzaska, John Loos and Bruce Stout; the two no votes were from Mary Allessio Leck and Julia Cobb Allen; Mark Texel abstained.

Following the vote, Vice Chair John Loos said quietly: “Because the motion did not get four votes, it is denied.”

“We feel that the D&R Canal Commission made the right decision,” said Ms. Cherry. “We presented the best case we could to the Commission, including very careful analysis in terms of the issues that are important to them, predominantly storm water and storm water run-off, which our civil engineer addressed in tremendous detail.”

Ms. Cherry spoke on the issue of the fill that the Institute would use. “It would would change the topography of the site and therefore the storm water distribution,” she said.

“I didn’t see the looks on the faces of the Institute personnel but my associates who did tell me that it was one of shock,” said Mr. Afran. “This is a major victory for the protection of the Princeton battlefield. The issue has now been decided. The Planning Boards’s decision has been overturned. The Institute can appeal this decision to the appellate division or they can re-do their plans.”

“We had thought that there was a good chance of winning our case,” said Mr. Afran Friday. “I hope that the Institute will accept this as a “reality check” and drop the proposal, which would destroy wetlands on the site by redirecting water downstream. We have explained this to the Institute and they are unable to show that this would not happen. What they are planning would essentially required truck loads of fill to create a platform out of what is now a bog. That’s one of the reasons this land has never been built on before, it’s wetlands. They shouldn’t even attempt to build on it. In any event this is the last piece left of the Princeton Battlefield. We know that most people in the community do not want this land to be built on. The Institute should step back.”

According to Ms. Cherry, the chair of the commission made it clear that the application had failed and it’s back to the drawing board or give up for the Institute. “The Princeton Battlefield Society would prefer that the site be added to the Battlefield State Park,” she said. “We [PBS] would be happy to initiate discussions with a consortium of organizations to propose purchase; we don’t expect the Institute to donate the property.”

“We would prefer that the IAS agree to sell the land to the state park and be preserved or to sell the development rights and keep it as preserved land. We would like to see the issue end here,” said Mr. Afran.

A request for comment from the IAS Friday elicited this brief statement from spokesperson Christine Ferrara: “At this week’s meeting of the Delaware and Raritan Canal Commission, the Commission did not approve the Institute’s Faculty Housing project, although, in the vote taken, more commissioners voted for the project than against it. We do expect to continue to discuss the project with the Canal Commission, and we are confident of success in gaining the remaining approvals required for our project.”