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Working with Section 106 ACHP
Case Digest Spring
2004 New Jersey: Development
of Revolutionary War Battlefield, Edison
New
Jersey: Development of Revolutionary War Battlefield, Edison
Agencies: Office of the Comptroller of the
Currency, American Battlefield Protection Program, and Environmental Protection
Agency
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While commercial
development such as bank branches and 24-hour pharmacies is a convenient
aspect of modern life, the location of these services sometimes
intrude on historic properties and landscapes.
In Edison, New
Jersey, a site within a former American Revolutionary Battlefield
known as Oak Tree Pond was slated for a 24-hour pharmacy and strip
mall. In a stunning reversal of events, the local, county, and State
governments joined with citizens to purchase and preserve the National
Register-eligible site as a park. One acre that could not be bought
by the local government, however, will become the site of a bank
branch.
As the community
works to restore the topography of the land next to the site of
the future bank, the ACHP is working with the bank owner, the Office
of the Comptroller of the Currency, and the community to ensure
that the banks adverse effects on the preserved area are minimized.
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In 1777, during the Revolutionary War, American forces fired upon British
troops that were advancing along converging roads in Edison, New Jersey.
The success of General George Washingtons tactics against the enemys
overwhelming numbers enabled him to keep his forces intacta critical
factor in prevailing in future engagements with the British military.

Re-enactors recreate the Revolutionary War battle
at Oak Tree Pond, Edison, New Jersey (photo courtesy of Jim Hebenstreit,
Save the Oak Tree Pond Organization)
Two hundred and twenty-three years later, this historic site known as
Oak Tree Pond was to become a strip mall with a 24-hour pharmacy and a
bank branch. Although the site was bulldozed by the potential developers,
it retained enough integrity to continue to qualify for the National Register
of Historic Places as a component of the historic Battle of Short Hills.
The ACHP first became involved in the case in 2001 by responding to a
Congressional inquiry on the project. It contacted the Environmental Protection
Agency regarding its Section 106 responsibilities for permitting the strip
mall development.
As public concern grew, evidenced by a petition with more than 4,000
signatures, Edison Township was able to purchase nearly all of the five-and-a-half-acre
site through tax revenue-based open space funds matched by
Middlesex County open space funds and State Green Acres grants.
A local group known as Save the Oak Tree Pond Committee raised money
for the cause through garage sales and selling t-shirts and American flags.
Weekend Pond Watches were held to prevent further encroachment
on the former battlefield.
A bank, however, plans to build a branch on a remaining acre within the
historic engagement area. Because the bank is required to obtain a permit
from the Federal Office of the Comptroller of the Currency (OCC), the
OCC must undergo the Section 106 review process to ensure that the effects
of new construction on the adjoining historic property are minimized.
The ACHP is consulting on the case with the National Park Services
American Battlefield Protection Program (ABPP), OCC, the bank, and the
community.
The bank has agreed to conceal the branch through vegetative screening
that is compatible with the landscape planned for the park. It also will
serve the park by providing parking and handicapped access. Other aspects
of the proposal are still being discussed, including installing lighting
that is more in keeping with the parks lighting.
The technical assistance of ABPP has been critical to addressing the
significant values of the Oak Tree Pond engagement area. It was ABPPs
independent analysis of historic events at the site that early led to
the site being included within the boundaries of New Jerseys proposed
Crossroads of the American Revolution Heritage Area.
Currently, the consulting parties are drafting a Memorandum of Agreement
on how adverse effects to the park will be resolved.
Staff contact: Martha Catlin
Updated
June 1, 2004
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