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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I love this house - is it for sale?