Lackawanna Cutoff project ready to roll?
This map shows the route of the proposed Lackawanna Cutoff project to reinstitute passenger rail service for Warren and Sussex counties. New Jersey Transit and Andover Township have reached an agreement for the reimbursement of any land acquisition and legal costs associated with employing eminent domain of private property to push the Lackawanna Cutoff project forward.
ANDOVER TOWNSHIP -- An agreement has been reached between New Jersey Transit and the township for reimbursement related to any land acquisition and legal costs associated with employing eminent domain of private property in order to advance the Lackawanna Cutoff railroad extension project.
In March, the Township Committee unanimously approved an ordinance that authorized the acquisition of private property through purchase or eminent domain in order to execute a temporary construction order.
A memorandum of understanding obtained through an Open Public Records Act request was executed on Nov. 10 and signed by Andover Township Mayor Tom Walsh, New Jersey Transit Assistant Executive Director Eric Daleo and Deputy Attorney General Martin Gill.
According to the memorandum, NJ Transit will be responsible for "all costs and fees that the township may incur as a result" of acquiring the land.
Last week, Walsh and other township officials, including the engineer and legal counsel, participated in a closed-door meeting with representatives from NJ Transit, the state Attorney General's office, the 24th District Legislative office and the attorney for the private property owner, AIT Reinsurance, which operates Hudson Farm West off Roseville Road.
The state Department of Environmental Protection is requiring work on a culvert under the driveway of Hudson Farm West because computer models show the train station could be in danger of flooding in the event of a "hundred-year storm."
A spokesperson for NJ Transit said that the board of directors approved an additional $800,000 in August for the Lackawanna Cutoff project to be used for "design and the DEP permit amendment" on the culvert.
"The general approach is to work with the (state) DEP to develop a plan that will minimize the impact on private property," said Nancy Snyder, spokesperson for NJ Transit. "We continue to have discussions with the town and a private landowner to move the project forward. The goal for completion of construction is still 2020."
Walsh said last week's meeting was productive and he is hopeful that an agreement can be reached with Hudson Farm West without having to resort to drastic measures such as eminent domain. A teleconference meeting is tentatively scheduled for early next year, Walsh said.
"There's (still) a couple of small hurdles, but everybody seems to be pulling in the same direction," the mayor said. "I'm feeling very positive about this right now."
Walsh said discussions at the Nov. 14 meeting involved, among other aspects, including a settlement for Hudson Farm to construct a stone wall, fence or similar facade at the driveway entrance. The culvert project would result in the removal of several decades-old oak trees, which currently stand near the property's entrance.
"It makes sense," Walsh said of the very preliminary settlement discussion. "They'll have a nice entrance. And it's fair. But I like that (they're) willing to work (with us)."
John Ursin, an attorney with Schenck, Price, Smith and King in Sparta who represents Hudson Farm, declined comment on either the memorandum or the closed door meeting.
In 2011, NJ Transit, the largest statewide public transit system in the United States, launched the Lackawanna Cutoff Restoration Project. The first phase of the project is a 7.3-mile rail extension from Port Morris to a new train station in Andover Township. Roughly 5.25 miles of new railroad track has been placed by NJ Transit between Port Morris and the site of the proposed Andover station.
The $61.6 million project includes construction of a high-level platform station with 55 parking spaces in an adjacent lot.
The Andover extension will be funded by the Federal Transit Administration and the state Transportation Trust Fund.
To date, the project has been partially funded with a federal earmark grant of $18.1 million.
David Danzis can also be contacted on Facebook: ddanzisNJH, on Twitter: @ddanzisNJH, or by phone: 973-383-1274.