Drugstores: A Success Story at Oak Tree Pond
New JerseyThe Threat
In April of 2002 the Township of Edison, New Jersey won a three-year fight to keep a local developer from building a Walgreens on the Oak Tree Pond Battle site, part of a larger Revolutionary War battle known as the Battle of Short Hills. The battle, fought on June 26, 1777, was a failed attempt by the British Army to destroy Washington’s American Army in New Jersey. After years of appeals, injunctions, and reprieves, the township purchased five of the six wooded acres in question, thereby saving them from further development.
The developer’s original plan to build a Walgreens drugstore on the site was turned down by the town planning board in 1999 based on traffic concerns. A string of appeals to this decision, however, led to a larger battle that encompassed other considerations including wetland mitigation, preservation, and safety concerns.
The Preservation Effort
A citizen’s group, Save the Oak Tree Pond (STOP), fought the property development from the beginning and contacted the National Trust for assistance in December of 2000. From that period, the Northeast Office worked closely with STOP regarding grassroots organization, technical assistance, support letters, and contacting Walgreens through the Drugstore Initiative.
Late in 2000, STOP’s attorney filled an injunction to stop the demolition that had begun on site. Federal Court District Judge Joseph Greenway noted that developer did not complete the mitigation process required under Section 106 of the National Historic Preservation Act. In December of 2001 the New Jersey State Historic Preservation Office determined the site eligible for the National Register of Historic Places. The proposed construction on the site, some of which had already occurred, would have resulted in an adverse effect to the battle site.
STOP continued to advocate heavily for the preservation of the Oak Tree Pond and was instrumental in forging the strong public – private partnership with the Township of Edison and the State of New Jersey. The public-private partnership was ultimately successful in saving the site from development. In the end, to save the land, the township purchased five acres of the pond tract for approximately $5.5 million; much of the money amassed came from Green Acres and New Jersey environmental grants and county funds.
The Result
In an April 2002 press release Mayor Spadoro stated, “We endeavored to preserve this property as a park for future generations and I am proud to say that we have succeeded. However, the work is not over yet. In front of us lies the responsibility of planning how this park can best serve the families of Edison while commemorating the historic events that occurred there.” In addition, the local developer must restore the hill and plant 200 tress to replace the land and trees that were leveled by his workers. It was agreed that the developer would acquire available land across the street to build the proposed Walgreens, but will retain the remaining acre in question to build a bank.
While specific decisions have not been made, the township plans to preserve the site as a recreational space and as a memorial to the 1777 Battle of the Short Hills. This case study highlights the critical role of early and active citizen participation, political support, and the consideration of alternate siting. Furthermore, the Oak Tree Pond case demonstrates the integral role that state funds can play in helping to save a character defining building or open space, such as this.
For more information contact:
Jim Hebenstreit
STOP
11 Almond Lane
Edison, NJ 08820-1406
908-756-1895
