In the town's appeal for 24 Upper Mountain - a case of Montclair History vs. The Developer - historical preservation has triumphed over the wrecking ball. Diligent and persistent, neighbors, historians, and many residents have been engaged in a long, drawn out battle to stop plans to raze the circa 1900 home and replace it with a new townhouse development. Now they have cause to celebrate.
Attorney Alan Trembulak confirmed a victory for the Township in Superior Court yesterday, in a lawsuit they filed challenging a decision of the Essex County Construction Board of Appeals that allowed the historic structure to be demolished. As a result of the Court’s decision, this property is now subject to all of the restrictions and requirements of the Township’s Historic Preservation Ordinance.
Trembulak explains how the historic preservation ordinance works:
The HP Ordinance provides a fairly onerous process for anyone who wishes to demolish an historic structure. The property owner must first apply to the HPC for permission to demolish the building and, assuming that request is denied, he must then appeal the HPC’s decision to the Zoning Board. If the Zoning Board agrees with the HPC, the owner must then make a bona fide effort, for a period of at least 9 months, to sell the property for “fair market value” to a purchaser who is willing to preserve the structure. If that effort is unsuccessful, the building can then be demolished.
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Comments (29)
I love this house - is it for sale?
Just curious: Who was "The Developer" in this case?
Miss Martta, I had to click about ten different links in the previous Baristanet stories to get to the very first post but I found the info: PAC Prime Properties LLC was the developer. What that means, I don't know.
it means that we can site this case in court to keep more houses from being leveled. Good job Alan Trembulak
If that effort is unsuccessful, the building can then be demolished.
So, basically, after the time it takes to go through all this (1 year? 18 months?) they can still knock the house down. If the developer is really that gung-ho on building their town-houses all they have to do is wait and hope that no-one buys the house during the 9 month period where it is listed at "fair market" value.
Who determines what that is, btw? Can the developer say "Well, these town homes would sell for a total of X dollars. So, that's what I want for the existing house??
My personal feelings about town homes aside; I?m not saying the developer shouldn?t be allowed to do what they want with their property (so long as it fits the zoning), just that, unless one of these protestors plans on buying the property, they shouldn?t start doing a victory dance just yet.
Whoa....too soon to start celebrating. This house will be "saved" only if there is someone standing by who is willing to buy it for approximately its current assessed value and then spend the additional money needed to restore it. I would not be surprised if there is no such "anyone".
"What that means, I don't know."
That means that Pacman and Ms. Pacman are moonlighting as developers.
Oh, and Happy Spring Equinox!
PAC Prime Properties is actually Rubicon Companies, based in West Orange. The owner of that company is Paul Cocoziello. The only Cocoziello I can find in the area is on Tiffany Court in Cedar Grove--which is the cul-de-sac directly behind the Montclair hawk watch. If you've ever been up to the fall hawk watch, the mcmansion behind the platform, where the owner blares "Jack FM" all day long in his ongoing feud with the hawk watchers, is on Tiffany Court. No idea if that is his house, or that it is even the same Cocoziello.
"That means that Pacman and Ms. Pacman are moonlighting as developers."
A more than apt description.
I love this house. What a remarkable history. The owners of the Freed Slave House, (The Olivers, who may have been relatives of the Howes) sold the corner lot to the Welshs in 1900 who built 24 Upper Mountain Ave. Mrs. Blanton Welsh, impressed by the significance of the Freed Slave house's history, researched and documented the James Howe property's history. Then, after having completed the construction of 24 Uppermtn, brought 369 Claremont (Freed Slave House) (The James Howe House, The James How House ...whatever...) and restored the house to its present condition. I learned of this unique history when I was 14 years old and a student of Montclair Academy. Our history teacher, Bob Hemmetter lived at the Freed Slave House then, back in the early 70's. The inside of 24 Uppermtn is magic....These is a beautifully carved wood Grand Staircase that goes up to the third floor and spectacular views of Manhattan. It's configured as a three unit multifamily. The second and third floor apartments are practically equal in size....lots of rooms, gorgeous wood floors, period details everywhere and panoramic. The main floor is even more special and the basement has a big sunny loft room, accessible to the exterior as well as other rooms. The views of the surrounding mountain district landscape are green and soothing. I hope that this house will be available for sale because there are some good individuals who are interested. I could not wait it out until now (one year and seven months later) but.... I am only crying with one eye because I love my new home.
I am so pleased for the work that everyone did to preserve this historic corner! The community, the neighbors, journalists, historians, The Township, Mr. Trembulak and the HPC. Great Work!
Um, maybe I want to look at it? Is it for sale? Seriously.
How much would it cost to convert it back to a 1 family--Ryan?!
Well a one family with a juicy little cubby hole under the porch for Barista guests. Look at that find under porch dwelling majestic entrance! No offense, but I would have to charge you. Taxes and all...
Gut fish - not houses
"Oh, and Happy Spring Equinox!"
And to you MM; how delighfully pagan of you!
Speaking as someone who has encountered "hist-er-ical" preservation boards a few times on a professional basis, I can say that there are structures out there whose historical value is a function of little more than their age. Fortunately, that is not the case here. Well done.
Ackme: I know a certain marsupial who might take you up on the cubby hole.
Perhaps the hawks themselves requested a change back to oldies music at 101.1? Whatever, "Jack FM" is long gone from the airwaves, complainerpuss.
catheter, JackFM is a format that was adopted by many radio stations and even streams online.
Spots, down, boy, down. Didn't have your Ken-l_Ration yet today, right? The only place you were able to find the "Jack FM" format on NY area radio was in fact WCBS-FM's spot on the dial. And now it's gone.
(Just because you may not like me doesn't EVER mean you'll near me in terms of either witty ripostes or general smarts, there's a bad, plodding, pouty doggie.)
If you ever saw the size of this mcmansion, you'd realize these people mean business. FM radio? You gotta be kidding. Yes, they listen to the Jack format on HD Radio at http://www.ilikejack.com/
Always love Frankgg's commentary.
This is some good news, and the added insight from Frank makes it better. Thanks.
Frank, even though you have moved from Montclair, you are still our historian and one of the few people with instant credibility on this blog (along with the Baristas, of course). Don't leave us.
Marsupial, dibs on the window cubby under the porch!
cathy, you must get your eyes checked as I ended my previous post with "and streams online." Anyone, in any area with a PC, an innernet connection and speakers can listen to JackFM. I pity you.
Thank you Drob and Conan. I am touched and honored by your kind words. I love Montclair, Baristaville and the community. I would never leave....I just live in the nearby Enchanted Forest outskirts now.
Do you know who I pity? The people who have to listen to JackFM (migrating hawks included).
Complainerpuss, you are so correct. Poor hawks.
Maybe this guy is a refugee .
Cooper's Hawk. Great photo. We've had one spend this entire winter in our neighborhood. Great news for birders. Bad news for small birds. Ah, the circle of life.
So that's what that bird is. I thought it was a falcon. I have one in my yard and it shredded the squirrel who chewed a hole in my eaves and then built a nest in there. Circle of life indeed.
There's no for sale sign on it.
Complainerpuss,
This hawk is wintering near my house. He shows up frequently to monitor the bird feeder in our front hedges. A few days ago I saw him in the Japanese Maple next to our bedroom window with a small bird(probably a sparrow) in it's talon.
When it fly's over our back yard it sometimes goes "Scree, scree". God, what a beautiful cry, so wild and free.