‘Not a fly-by-night operation,’ daycare center tells Morristown board

Planner John McDonough testifies for The Learning Experience. Photo by Kevin Coughlin
Planner John McDonough testifies for The Learning Experience. Photo by Kevin Coughlin
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At his seventh hearing before the Morristown zoning board, a developer for The Learning Experience chain on Wednesday insisted this proposed daycare center differs from a rival’s rejected project, and promised that its community benefits will outweigh any drawbacks.

Planner John McDonough testifies for The Learning Experience. Photo by Kevin Coughlin
Planner John McDonough testifies for The Learning Experience. Photo by Kevin Coughlin

“This is not a fly-by-night operation,” testified John McDonough, a landscape architect and planner representing the venture for developer Sam Samman.

The applicant, 170 Madison Ave. LLC, seeks approvals to place a 10,000-square-foot Learning Experience franchise on a wooded acre at the busy intersection of Madison Avenue and Normandy Parkway.

A use variance, among other approvals, is needed to allow the commercial enterprise in a residential zone.

Near the end of an occasionally contentious three-and-a-half hour meeting, after residents had tried to poke holes in the project’s storm water management plans, McDonough reminded the board that the state regards childcare as an “inherently beneficial” land use. That puts the onus on the board to prove “substantial detriments.”   He insisted there are none.

“We’re not in the middle of a residential development,” said McDonough, striving to differentiate this project from a Rainbow Academy daycare center that got shot down last year, largely over traffic concerns.

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McDonough noted that Rainbow Academy had eyed a residential area on Turtle Road, a local street.

Although The Learning Experience would adjoin the Twombly Court neighborhood, its parcel fronts Madison Avenue, a heavily traveled state road with restaurants and office buildings nearby.

The planner pitched the daycare center as an ideal neighbor for Twombly residents, because of its daytime-only, Monday-Friday operations, its single-story height, and about 20 trees that would be planted to enhance neighbors’ privacy.

As presently zoned, McDonough contended, the site could accommodate four houses that would have a greater impact on neighbors. Board Chairman Cary Lloyd questioned the four-house calculation.

McDonough also asserted that Morristown Medical Center is close enough for parents employed there to walk to the daycare center at lunchtime to see their kids. “Your master plan uses the term walkability over and over and over again,” he said.
When board member Linda Carrington inquired how preschoolers might be affected by train noise from nearby NJ Transit tracks, McDonough said the town already allows homes within earshot of the line.
INTO THE VORTEX

At prior sessions, the public has raised concerns about tricky access to the site, and potential traffic spillover onto local roads.  A key element of the daycare proposal is the widening of the Madison/Normandy Parkway intersection.

But state Department of Transportation officials cannot predict when they will start that work, town traffic consultant Tom Phelan told the board on Wednesday.

For much of the evening, residents grilled Matthew Clark, an engineering consultant for the applicant,  about plans to use a “Vortex” mechanical piping system to slow the release of rainwater into the town’s storm drains.

Clark said the system complied with town regulations.  But things grew testy when a resident asked how much extra runoff would be generated after trees are removed from the forested acre and 65 percent of the site is covered with the daycare building, 31 parking spaces, an interior roadway and a playground.

The engineer said he could not say for sure whether runoff would increase, prompting incredulity from Chairman Lloyd, who said common sense indicated such a scenario would deflect more water.
Town environmental commissioner Louise Witt addresses Morristown zoning board at hearing No. 7 for proposed Learning Experience daycare center. Photo by Kevin Coughlin
Town environmental commissioner Louise Witt addresses Morristown zoning board at hearing No. 7 for proposed Learning Experience daycare center. Photo by Kevin Coughlin

“You’re evading the question on volume,” Lloyd said. “We’re just asking you to answer a question.”

And under questioning by lawyer Patrick Galligan, representing resident Andrea Kelly,
Clark acknowledged he was unaware of a nearby tributary that feeds the Great Swamp aquifer.
Galligan presented Clark with a Morris County planning map delineating the water source.
Resident Arthur Clarke,  an environmental attorney and former chair of the town environmental commission, said many of these issues would have been addressed months ago if the zoning board has required the applicant to submit an environmental impact statement.
The board waived that report because it anticipated expert testimony would supply the relevant information, according to Cary Lloyd, the chairman.
Arthur Clarke said it has fallen upon residents to extract the answers from the experts.
An eighth hearing is set for Wednesday, Feb. 4, 2015.  Lloyd directed the applicant to submit a landscaping plan and details about signs.
Engineering consultant Matthew Clark, center, studies planning document presented by attorney Patrick Galligan, left, who represents a citizen, at Morristown zoning board hearing No. 7 for proposed Learning Experience daycare center. Photo by Kevin Coughlin
Engineering consultant Matthew Clark, center, studies planning document presented by attorney Patrick Galligan, left, who represents a citizen, at Morristown zoning board hearing No. 7 for proposed Learning Experience daycare center. Photo by Kevin Coughlin

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