Phillipsburg Environmental Watch Wins Case Against November 2022 Warehouse Ordinance
In a victory for the residents of Phillipsburg and the grassroots organization Phillipsburg Environmental Watch (PEWNJ), they won their court case vacateing the November 2022. "Warehouse Ordinance", Ordinance 2022-30. Ordinance 2022-30 changed the zoning of the last 32 acres of undeveloped land in Phillipsburg along the Delaware River from Riverside Residential zoning to Industrial zoning, paving the way for a potentential warehouse to be built.
PEWNJ thanks Attorney Peter Dickson from the Law Offices of Peter Dickson. Attorney Dickson has provided strong guidance and superb legal advice during the current and previous court cases. PEWNJ attributes the successful outcome to his expert legal assistance.
We thank town residents who have been instrumental in PEWNJ’s fight against the warehouse in downtown Phillipsburg. Residents have signed letters of protest, displayed "No Warehouse Signs" and attended Council and Land Use Board meetings while wearing orange shirts and T-shirts.PEWNJ’s umbrella organization, the New Jersey Highlands Coalition, has sustained PEWNJ’s efforts with their financial support,
strategic guidance and moral support. Additionally, the Phillipsburg Riverview Organization also provided financial and strategic support to PEWNJ’s legal efforts, while Citizens For Sustainable Development and the Delaware Riverkeeper Network gave advice and support.
PEWNJ will continue pursuing their second lawsuit while encouraging Phillipsburg residents to continue letting Town Council know they do not want a warehouse in downtown Phillpsburg along the Delaware River in the Phillipsburg Flats. Residents can email PEWNJ at
September 22, 2022 - Final Site Plan Approval - Resolution 2022-12 Peron Construction, 170 HowardStreet
Click on the image to the right to view or download LUB Resolution 2022-12, Final Site Plan Approval for the Peron Howard Street Property, 170 Howard Street:
This is the Final Site Plan, yet another final site plan for the Peron Howard Street Property. This final site plan was approved at the September 22, 2022 meeting of the Land Use board.
Some of the stipulations in the Final Site Plan are:
- 420,000 square feet
- 352 passanger cars
- 88 loading docs
- 39 spaces for trailer parking
- raze the existing strctures at 560 and 562 South Main Street in order to construct a roadway improvement (so trucks enter and exit on to McKeen Streat from South Main Street. (and vice-versa)
September 6, 2022 - R2022-191, Resolution to prepare amendment to permit 65 foot warehouse (from Council to LUB)
Click on image to the image to the right to see a copy of Resolution 2022-191
This is a resolution that was not on the agenda and created after representatives from the Peron Corporation made a presentation to Council about another warehouse configuration that they were proposing to build on the Peron Howard Street property.
Interestingly, when you read this documment it reads much different than one would expect. It would be expected that the Phillipsburg Town Council would direct the Land Use Board (aka Planning Board) to review the plans for a 65 foot warehouse on the Peron Howard Street property, determine if this fits in with the Riverfront Redevelopment Plan (RRP) and town Master Plan, and then send the Land Use Board decision back to the Town Concil.
The language in Resolution 2022-191 specifically states that the Town Council is "DIRECTING THE PHILLIPSBURG PLANNING BOARD TO PREPARE AN AMENDMENT TO THE RIVERFRONT REDEVELOPMENT PLAN IN ORDER TO PERMIT 65 FOOT BUILDING HEIGHT (DISTRICT 5)"
Again, further down in the document it states "NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Phillipsburg, County of Warren, State of New Jersey that the Phillipsburg Planning Board is hereby directed, in accordance with NJSA 40A:12A-7, to prepare an amemdment to the Riverfront Development Plan to permit 65-foot building heights within District 5.."
Note that there is nothing magical about NJSA 40A-12A-7. This portion of statute simply indicates the following:
"7. a. No redevelopment project shall be undertaken or carried out except in accordance with a redevelopment plan adopted by ordinance of the municipal governing body, upon its finding that the specifically delineated project area is located in an area in need of redevelopment or in an area in need of rehabilitation, or in both, according to criteria set forth in section 5 or section 14 of P.L.1992, c.79 (C.40A:12A-5 or 40A:12A-14), as appropriate.
The redevelopment plan shall include an outline for the planning, development, redevelopment, or rehabilitation of the project area sufficient to indicate:" with a number of things to consider and procedures to follow beneath the description as noted above."
This seems to be another oddity in the process. It would have been expected that the Council direct the Planning Board to consider whether 65 foot building height is in alignment with the Riverfront Redevelopment Plan and return its findings, which may or may not be an admendment, and not direct the Planning Board to prepare an amendment to the Riverfront Redevelopment Plan in order to Permit 65 foot Building"
May 4, 2021 - Ordinance 2021-14 - Ordinance that rezoned Peron Howard Street property to Industrial
Click on image to the right to download a copy of Ordinance 2021-14:
This is the first of many ordinances attempted to rezone the Peron Howard Street property in downtown Phillipsburg next to the Delaware River from Riverside Residential to Industrial.
The site plan at the foundation of this particular ordinace was for a 510,000 square foot warehouse. The site plan also was going to take a large chunk of Delaware River Park, an open space area that was purchased with New Jersey State tax dollars, and designated as Green Acrres Open Space. The Town of Phillipsburg got shut down by the state when they tried to work a deal to sell or give some of Delaware River Park to Peron Corporation.
March 26, 2021 - Planning Board Resolution Back To Council Regarding Districts 3 and 5
Click on image to the right to see letter from Attorney Wilhelm to the Town Clerk, Vicki Kleiner:
This is a letter written to the Phillipsburg Town Clerk, from the Land Use Board Attorney Scott Wilhelm, indicating that the Land Use Board (aka Planning Board) recommended that the propose admendment be made in coformance with the specific recommendations set forth in the February 25, 2021 "Consistency Review Report".
February 25, 2021 - Consistency Review Report
Click in the image to the right to see the February 25, 2021 Consistency Report:
This report is a report that was prepared for the Phillipsburg Land Use Board to consider when deciding whether they believed the changing of the Peron Howard Street property was consistent with the various versions of the Master Plans.
The last Master Plan revision was the 2013 Master Plan Reexamination Report which clearly indicated that the Peron Howard Street property was to be Riverside Residential. The 2013 Master Plan Reexamination Report even says the town should look into rezoning the strip of light industrial should be rezoned to something more complimentary to the existing residential property in the Flats and the current light industrial business should be moved elsewhere. The 2013 Master Plan Reexamination Report says that the three types of zones that should be in the area discussed in the February 25, 2021 Consistency report are Riverside Residential, Riverside Commercial and Riverside Heritage. Although loosly alluding to the recommendations of the 2013 Master Plan Reexamination Report, this 2015 Consistency Review Report largely shrugs off and ignores the spirit and intent of the 2013 Master Plan Reexamination Report.
September 20, 2004 - Master Plan 2004 Update
Please click on image to the right to view or download the Master Plan 2004 Update:
The warehouse on the Peron Howard Street property is clearly in conflict with the Master Plan 2004 Update. Some of the items where the Peron Howard Street propery s in direct conflict with the Master Plan 2004 update are:
- Increase public access and use of the Delaware River
- Preserve and develop the Moris Canal as an historical transportation corridor and trail link to an expanding County-wide trail system
- Create a Riverfront Development Plan for the entire length of river frontage, providing or river related businesses, activities and housind and including access plans for trails, view areas and such.
- Reduce conflicts between residental and non-residential uses.
- Encourage and aid incompatible non-residential uses whose current location will negatively impact the future development/redevelopment of that area to find alternate, more appropriate and functional locations of within the Town.
October 1996 - Phillipsburg Master Plan Reexamination Report
Click on the image to the right to view and download the October 1996 - Phillipsburg Master Plan Reexamination Report:
This October 1996 Master Plan Reexamination Report had as some of its approvers some individuals, or relatives of individuals, that are current players in the political scene as of May 2024:
- William Duffy, present Chair of the Phillipsburg Land Use Board
- Bernard Rooney - recent member of the Phillipsburg Land Use Board
- Harry Wyant, past Mayor of Phillipsburg and past Council President
- Thomas Corcoran, Father of current Chair of the Phllipsburg Democratic Committee
Note that a warehouse on the Peron Howard Street Property goes against the town's Master Plan as far back as 1996. The 1996 Phillipsburg Master plan Reexamination Report specificall states the following:
8) A conservation plan element provideing for the preservation, conservation, and utilization of natural resources, including the the extent appropiate, energy, open space, water supply, forrests, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, endangered or hreatened species wildlife and other resources, and which systematically analyzes the impact of each other compnent and element of the master plan on present and future preservation, conservatiion and utilization of those resources;
Building a warehouse in downtown Phillipsburg along the Delaware River clearly goes against the spirit and intent of the 1996 Phillipsburg Master Plan Reexamination Report.