History saved? #africanamerican #pgcounty #princegeorges
From Bonnie Bick of the Campaign to Reinvest in the Heart of Oxon Hill:
Zoning Hearing Examiner Rules That Historic Preservation Commission (HPC)
Did NOT Have The Power To Remove Salubria’s Historic Designation
Last week, the Prince George’s County Zoning Hearing Examiner (ZHE) ruled against National Harbor developer Milt Peterson, deciding that the Historic Preservation Commission (HPC) exceeded its legal authority.
Pinnacle, Inc., a subsidiary of Peterson Cos. is trying to develop a 400,000 square foot strip mall of discount outlet stores (Tanger) on Oxon Hill Road. The property across from Oxon Hill Manor, was formally part of the the Manor's estate and contains the historic site Salubria, that was owned by Dr. John H. Bayne and his family for five generations. Bayne, (b. 1804 - d. 1870) was a physician, world renowned horticulturist, politician, slave holder, leader of Maryland's fight for compensated emancipation and the first chair of Prince George's Counties School Board.
The Prince George’s County Planning Board has already approved several levels of development plans for the Tanger Outlet Mall: preliminary plan of subdivision, conceptual site plan and detailed site plan. Citizen opponents have appealed each of these Planning Board approvals. In addition to many other issues, each of these plans depend on the elimination of the historic site designation and the elimination of the site’s “environmental setting” (which is the area of the property specifically protected for historic preservation).
At a farcical hearing on January 4, 2012, the HPC decided to remove the historic designation and to totally eliminate the remaining 2.7 acres of the environmental setting (originally, the entire 22.56 acre site constituted the environmental setting, but it was reduced 15 years ago). The Planning Board has incorporated the HPC decision into its various development approvals.
Citizen opponents, followed the appeal process stated by HPC, by filing an appeal to the District Council. These appeals are first heard by the ZHE. Peterson’s attorneys filed a Motion to Dismiss the appeal, arguing that the County Code provided no right to appeal the HPC decision to the District Council - irrespective of the fact that this was the process stated by the HPC.
Unclear about Peterson Co’s arguments in his Motion to Dismiss, and unsure if the appeal was viable, opponents asked civic activist, zoning attorney, Tom Dernoga (former Chair of the Prince George’s County Council) to review the Motion and give advice. After review, his advice was pleasantly surprising: the question was not whether there was a right of appeal, but whether Peterson could request the HPC to remove the historic designation and the environmental setting and whether the HPC had the authority to act on the request.
Concerned about the questionable legal practices of the HPC and the Planning Board, Mr. Dernoga offered to draft a response for opponents and make a brief argument at the June 12, 2012 ZHE hearing (as he was literally on the way to Dulles airport at that time to leave for vacation).
Last week, on July 2, 2012, the ZHE ruled that the opponents were correct. The HPC has no legal authority to remove an historic site designation (only the County Council may do so), nor does the HPC have the legal authority to eliminate the environmental setting. The ZHE even stated that the original reduction of the environmental setting from 22.56 acres to 2.7 acres was outside the authority of the HPC.
Peterson Cos may appeal the ZHE decision to the District Council; however, opponents feel that the law on this is very clear and that the Council will have limited options. In any case, Peterson’s other Planning Board approvals (which have been appealed) are all contingent on the removal of the archeology and historic features, total elimination of the environmental setting and historic designation. Therefore, all approvals will be on hold in the short-term, and may have to be revised in the long-term. Thus, the recent decision of the ZHE will require Prince George's County decision makers to take a step back and reassess the project.
For now, opponents are very pleased with the victory before the ZHE and will be preparing diligently for further proceedings. The citizen goals are to continue to protect the historic property, Salubria, its cultural resources and to protect Oxon Hill Manor and the nearby residential communities.
~ ~ ~ ~ ~
Background on the Salubria Historic Property
The Salubria site is eligible for the National Register of Historic Places (NRHP) for three different criteria, any one of which is adequate for listing. Prince George's County has very commendable and judicious historic preservation policies that should work in favor of preservation of this historic site. According to Section C1. of the Guidelines for Archaeological Review (Maryland-National Capital Park and Planning Commission, Prince George's County Planning Board - Adopted May 12, 2005), the purpose of the Phase III archaeological treatment is to: Avoid (through preservation in place), minimize, or mitigate (through data recovery) adverse effects to an archaeological site that has been identified as significant and potentially eligible to be listed as a historic site or determined eligible for the National Register of Historic Places.
Had the District Council in 1995, had the benefit of the information that Salubria is eligible for the NRHP and had they understood the high historic value of Salubria to the public, they may not have placed the property in the MXT zone, which is the County’s most intense development zone.
Even though the County Council was unaware of the NRHP eligibility and the recent historical value information, in 1995, the County Council put restrictive zoning conditions on the property to keep it from being developed into a strip mall. The Council thought that it had insured that the zoning conditions would protect Oxon Hill Manor by placing a mandatory 100 foot buffer all along the Oxon Hill Road length of Salubria that borders Oxon Hill Manor. But, Peterson Cos has applied for the removal of the 100 foot buffer and the strip mall restrictions.
The ZHE decision can be and should be used to re-evaluate the entire proposal. Prince George's County and Oxon Hill would greatly benefit from a smart growth alternative-TANGER Outlet stores used as a reinvestment opportunity in commercial downtown Oxon Hill (properties that Peterson Cos already owns). The importance of Salubria can be re-assessed for it's education and research value. The best and highest use of Salubria is, as a place for healing and contemplation for present and future generations of Prince Georgians.
We will do well to take note of the recommendation by the Distinguished University Professor at the University of Maryland and American Historian, Ira Berlin wrote in a letter to the Maryland Commission on African American History and Culture ..." I write to the Commission to urge it to join me in request on further evaluation before any action or decision regarding removal of archaeological artifacts from the Salubria site. As stated in the Phase II Archeology Report, "archival research has shown a remarkable level of resistance associated with the enslaved occupants of Salubria." In the case of a site of such significance and with its relevance as a surviving example of one of the most important African American historical themes, all decisions regarding the future of the property should be preceded by a broad, extensive review of the value of the resource and an investigation of alternatives. Sites with such significance relevant to slave rebellions are rare, and few sites have any physical remnants left. Salubria is unique in our state and, indeed, in the United States. It merits a full review. I would hope that other alternatives be considered.".
Map of Salubria in Word doc
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Also check out the latest Prince George's County blogger posts and news here and specific news about the county from many sources at Newsvine.
Our video playlists on YouTube include Prince George's Vital News, Prince George's Education/Youth, Prince George's History and more.
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Zoning Hearing Examiner Rules That Historic Preservation Commission (HPC)
Did NOT Have The Power To Remove Salubria’s Historic Designation
Last week, the Prince George’s County Zoning Hearing Examiner (ZHE) ruled against National Harbor developer Milt Peterson, deciding that the Historic Preservation Commission (HPC) exceeded its legal authority.
Pinnacle, Inc., a subsidiary of Peterson Cos. is trying to develop a 400,000 square foot strip mall of discount outlet stores (Tanger) on Oxon Hill Road. The property across from Oxon Hill Manor, was formally part of the the Manor's estate and contains the historic site Salubria, that was owned by Dr. John H. Bayne and his family for five generations. Bayne, (b. 1804 - d. 1870) was a physician, world renowned horticulturist, politician, slave holder, leader of Maryland's fight for compensated emancipation and the first chair of Prince George's Counties School Board.
The Prince George’s County Planning Board has already approved several levels of development plans for the Tanger Outlet Mall: preliminary plan of subdivision, conceptual site plan and detailed site plan. Citizen opponents have appealed each of these Planning Board approvals. In addition to many other issues, each of these plans depend on the elimination of the historic site designation and the elimination of the site’s “environmental setting” (which is the area of the property specifically protected for historic preservation).
At a farcical hearing on January 4, 2012, the HPC decided to remove the historic designation and to totally eliminate the remaining 2.7 acres of the environmental setting (originally, the entire 22.56 acre site constituted the environmental setting, but it was reduced 15 years ago). The Planning Board has incorporated the HPC decision into its various development approvals.
Citizen opponents, followed the appeal process stated by HPC, by filing an appeal to the District Council. These appeals are first heard by the ZHE. Peterson’s attorneys filed a Motion to Dismiss the appeal, arguing that the County Code provided no right to appeal the HPC decision to the District Council - irrespective of the fact that this was the process stated by the HPC.
Unclear about Peterson Co’s arguments in his Motion to Dismiss, and unsure if the appeal was viable, opponents asked civic activist, zoning attorney, Tom Dernoga (former Chair of the Prince George’s County Council) to review the Motion and give advice. After review, his advice was pleasantly surprising: the question was not whether there was a right of appeal, but whether Peterson could request the HPC to remove the historic designation and the environmental setting and whether the HPC had the authority to act on the request.
Concerned about the questionable legal practices of the HPC and the Planning Board, Mr. Dernoga offered to draft a response for opponents and make a brief argument at the June 12, 2012 ZHE hearing (as he was literally on the way to Dulles airport at that time to leave for vacation).
Last week, on July 2, 2012, the ZHE ruled that the opponents were correct. The HPC has no legal authority to remove an historic site designation (only the County Council may do so), nor does the HPC have the legal authority to eliminate the environmental setting. The ZHE even stated that the original reduction of the environmental setting from 22.56 acres to 2.7 acres was outside the authority of the HPC.
Peterson Cos may appeal the ZHE decision to the District Council; however, opponents feel that the law on this is very clear and that the Council will have limited options. In any case, Peterson’s other Planning Board approvals (which have been appealed) are all contingent on the removal of the archeology and historic features, total elimination of the environmental setting and historic designation. Therefore, all approvals will be on hold in the short-term, and may have to be revised in the long-term. Thus, the recent decision of the ZHE will require Prince George's County decision makers to take a step back and reassess the project.
For now, opponents are very pleased with the victory before the ZHE and will be preparing diligently for further proceedings. The citizen goals are to continue to protect the historic property, Salubria, its cultural resources and to protect Oxon Hill Manor and the nearby residential communities.
~ ~ ~ ~ ~
Background on the Salubria Historic Property
The Salubria site is eligible for the National Register of Historic Places (NRHP) for three different criteria, any one of which is adequate for listing. Prince George's County has very commendable and judicious historic preservation policies that should work in favor of preservation of this historic site. According to Section C1. of the Guidelines for Archaeological Review (Maryland-National Capital Park and Planning Commission, Prince George's County Planning Board - Adopted May 12, 2005), the purpose of the Phase III archaeological treatment is to: Avoid (through preservation in place), minimize, or mitigate (through data recovery) adverse effects to an archaeological site that has been identified as significant and potentially eligible to be listed as a historic site or determined eligible for the National Register of Historic Places.
Had the District Council in 1995, had the benefit of the information that Salubria is eligible for the NRHP and had they understood the high historic value of Salubria to the public, they may not have placed the property in the MXT zone, which is the County’s most intense development zone.
Even though the County Council was unaware of the NRHP eligibility and the recent historical value information, in 1995, the County Council put restrictive zoning conditions on the property to keep it from being developed into a strip mall. The Council thought that it had insured that the zoning conditions would protect Oxon Hill Manor by placing a mandatory 100 foot buffer all along the Oxon Hill Road length of Salubria that borders Oxon Hill Manor. But, Peterson Cos has applied for the removal of the 100 foot buffer and the strip mall restrictions.
The ZHE decision can be and should be used to re-evaluate the entire proposal. Prince George's County and Oxon Hill would greatly benefit from a smart growth alternative-TANGER Outlet stores used as a reinvestment opportunity in commercial downtown Oxon Hill (properties that Peterson Cos already owns). The importance of Salubria can be re-assessed for it's education and research value. The best and highest use of Salubria is, as a place for healing and contemplation for present and future generations of Prince Georgians.
We will do well to take note of the recommendation by the Distinguished University Professor at the University of Maryland and American Historian, Ira Berlin wrote in a letter to the Maryland Commission on African American History and Culture ..." I write to the Commission to urge it to join me in request on further evaluation before any action or decision regarding removal of archaeological artifacts from the Salubria site. As stated in the Phase II Archeology Report, "archival research has shown a remarkable level of resistance associated with the enslaved occupants of Salubria." In the case of a site of such significance and with its relevance as a surviving example of one of the most important African American historical themes, all decisions regarding the future of the property should be preceded by a broad, extensive review of the value of the resource and an investigation of alternatives. Sites with such significance relevant to slave rebellions are rare, and few sites have any physical remnants left. Salubria is unique in our state and, indeed, in the United States. It merits a full review. I would hope that other alternatives be considered.".
Map of Salubria in Word doc
---
Also check out the latest Prince George's County blogger posts and news here and specific news about the county from many sources at Newsvine.
Our video playlists on YouTube include Prince George's Vital News, Prince George's Education/Youth, Prince George's History and more.
SHARE
SUBSCRIBE TO THIS BLOG with EMAIL here.
Prince Georgians Care