Some last-minute frosting failed to sweeten a Dunkin’ Donuts proposal enough to satisfy Morristown zoning board members, who voted unanimously on Monday to reject plans for the fast-food franchise to share space with a gas station at a busy intersection.
The applicant offered to make improvements to the crosswalk at Washington and Mills streets, a dangerous spot according to residents who testified last month.
But after hearing another four hours of testimony — at the seventh meeting on this application since January — board members cited concerns about pedestrian safety and motorist accessibility on a site where it’s already a challenge to shoehorn cars to the Gulf station’s pumps.
“I feel that a use like that would have been overwhelming for the lot and for the neighborhood,” board Vice Chairman Michael Leavy said afterward.
Members also worried about backups likely to result from in-bound morning traffic on Washington Street attempting to make left turns for coffee.
“The board took a pretty sober look at traffic and the impact this would have on local streets,” said town Planner Phil Abramson.
Moreover, the project failed to meet special legal tests to justify this dual, nonconforming use in a residential/office zone. In all, the applicant sought 10 variances from existing regulations.
RESIDENTS PREVAIL AGAIN
The outcome was the latest in a series of victories by neighborhoods that have banded together to oppose major developments. Two daycare centers have been defeated, largely over traffic issues, and an apartment project on Turtle Road was scaled down this month in response to neighbors’ organized opposition.
“This is the democratic process at work. I’m glad it’s working in Morristown,” said Meredith Davidson.
Residents from Morris Township’s Burnham Park section also joined the fight against Dunkin’ Donuts.
Davidson said neighbors raised $4,000 to hire planner Peter Steck. They also tapped expertise from among their ranks.
Civil engineer Steven Pylypchuk, who lives near the gas station, testified about parking- and traffic flow problems on the site. Gary Thomas, a mechanical engineer, dissected the applicant’s traffic projections. Louise Karger, a retired M.D., warned about the health risks of fast food, and objected to placing it within a short walk of two schools.
And Tom Sheridan, an attorney from the neighborhood, helped coordinate the objectors’ strategy and summarized their case before the board.
“It was truly a collaborative effort,” said Sheridan.
While the hearing process can be frustrating at times, he said, the public can prevail with good organization.
“We did this on a shoestring budget, putting up residents’ testimony that made it overwhelmingly clear that this project was not appropriate for that location,” Sheridan said.
Jay DeLaney Jr., the attorney for the applicant, Madison Enterprises LLC, expressed disappointment in the result. Yet he commended the board for its patience.
“The board conducted itself very professionally. They listened to both sides,” said the former Morristown mayor, who could not predict what might be proposed next for the property.
Dunkin’ Donuts would have added vibrancy to that corner, with improved aesthetics and an upgraded crosswalk, maintained DeLaney, who said he’s been on both sides of board decisions over the years, as an applicant and an objector.
“It’s maddening to go through a year of hearings… it’s a lousy situation. But as Winston Churchill said, find me a better system.”
At least two residents are unhappy with the board — and they live under Meredith Davidson’s roof. Daughters Maya, 6, and Simone, 8, really wanted a Dunkin’ Donuts.
“My kids were distraught,” Davidson acknowledged.
Good work residents (including those that site on the Zoning Board!)!
A year ago residents from neighborhoods on the south side of Washington Street thwarted a proposal for Whole Foods pizzeria at the site of the former Washington Cleaners. The Board of Adjustment does not exist to benefit outside business interests at the expense of Morristown’s character and residential quality of life.
It’s important to note that this is a beautiful example of the zoning board living into Morristown’s zoning plan. They respected the voices of the community and ensured that the development happening in our thriving town is GOOD development.