Eminent domain.
Those are fighting words to many people. But Morristown officials are starting to think that’s what it may take to spur redevelopment of a long-vacant former lumberyard at the bottom of Elm Street.
By a 6-1 vote on Tuesday, the town council agreed to seek the planning board’s opinion on whether the fenced lot is “blighted,” and if condemnation proceedings are warranted.
Mayor Tim Dougherty said he generally opposes government taking of land from property owners.
“However, I think there comes a time when you have a parcel that’s been vacant for many, many, many years, that just lies vacant, and it could be an asset to the community…,” he said, urging the council to seek the planning board’s advice.
The tracts at 57-62 Elm St. are owned by real estate lawyer Larry Berger, who did not attend Tuesday’s council meeting.
Several developers have tried unsuccessfully to purchase the property from Berger; another deal fell through recently, according to town Attorney Vij Pawar.
Eminent domain gives the council “one more tool” for redevelopment, Pawar said. The town could solicit a project for the site, and the owner would be paid fair market value for the property, explained town Administrator Jillian Barrick.
The council authorized a similar study by the planning board last year. Condemnation was not on the table at that time, however. The Mayor’s team had worried that injecting that variable merely would create an adversarial situation that might delay redevelopment even longer. But the council did approve adding two Hill Street lots, also owned by Berger, to that redevelopment zone.
A prior council designated the site for redevelopment in 2006. That designation should be re-examined and updated if necessary, Pawar said.
The lone dissenting vote came from Councilwoman Alison Deeb , who said she still has not seen the last batch of planning board recommendations.
A neighbor of the vacant tracts expressed concerns about how eminent domain would affect his home value. Kenneth Hoffman asked the Mayor and council if they already lined up a developer.
“No deals have been cut,” Dougherty said emphatically, assuring Hoffman: “I’m not going to support an eight-story building behind your house.”
In other business, Hoffman and 40Park resident Marie Rozan urged the council to continue alcohol curfews as conditions for expansions of the Iron Bar and Tashmoo. Those bars are fighting the restrictions.
Every weekend at closing time, Hoffman said, he and his wife are awakened by boisterous, boozed-up young people.
“Something has to be done about the noise created when these bars close,” he said. “We need more police, more patrols, so more people are vigilant. Everybody likes to have a good time, but this is disturbing the residential character of Morristown.”
Marge, I won’t post here why he was fired but he was caught doing things that were highly improper. As far as your allegations 35 years without a violation in both locations and a third in west Caldwell speaks for itself. You should pay more attention to your own problems, for closures and the unkempt condition of your property not to mention the years of operating an illegal rooming house.
I find it interesting that Mr. Cavanaugh remembers that my son, an employee with an unblemished record went to work elsewhere when he was blamed for a successful drug bust at Society Hill involving the cook, who was married to my son’s boss.
I admit that I did complain to the police when his patrons parked in front of my house and constantly woke us up with their noise, when they yelled at each other to wait, as they ran behind my bushes to urinate at two in the morning. Hopefully, he hasn’t continued to make those same errors in his business practices and the clientele he caters to at his new location.
Poor Mr Berger ~ really a puppet front for a loaded investor unknown to Morristown folks. An investor so wealthy he could not care less about these properties or the opinions of anyone in Morristown.
I used to live in Morristown but haven’t in 25 years. I was back recently and was impressed with the changes. One thing, though. where are all these bars that everyone is talking about? I was walking around downtown on a Friday night in October (around 7:30) and didn’t see much pedestrian traffic. I saw a couple of bars on Washington Street, Dehart Street, South Street near the Green. That was it. What was I missing?
Jim Cavanaugh is right. At 40 Park and office building or hotel would have made a lot more sense.
“Again, just because past governing bodies miscalculated the impact of those expansions, does’t mean they should continue to make the same mistakes in judgement.”
A vibrant, successful downtown with successful businesses that create jobs, bring out-of-towners to the theater and fill up your parking garages is certainly the result of a huge mistake in judgement and poor planning. I also long for the days of the 80s and early 90s, with failing businesses, empty storefronts and dilapidated buildings. Those were the days!
Marge, again you speak without all the facts, when the Winchester inn, became the Wedgwood inn, back in the sixties, no one objected. Then in 1981 it was transformed into society hill, a very popular bar restaurant. You then started your harassment, probobly because your son was fired Capacity was 1600, callaloo another 400. The society hill location is now TD bank which conforms to the current zoning. That license was moved to the old Woolworth building which was abandoned. The occupancy is below the previous site and conforms to zoning since this is the central business district. The 40 park building is non conforming and built in the central business district in conjunction with the parking authority of which you are a commissioner. Bad planning, this should have been an office building or hotel. Luxury condos are better suited a block or two off the green. Why would someone buy there knowing Morristown has a vibrant downtown.
Mr. Berger is neither wealthy or privileged, he is a sad, small man. We need to clean up his messes throughout Morristown which affect OUR properties…Lumberyard, Pazzo Pazzo, Callalou.
I’m happy to see our citizens speaking out. I find it difficult to understand why some expect the fact that when Morristown residents already have more than their fair share of eyesores and noise, that they should accept more of the same. When our family moved to Morristown, we knew their were a lot of bars but never expected that they would be permitted to expand in size and the number of customers they serve to the extent that they have done. Again, just because past governing bodies miscalculated the impact of those expansions, does’t mean they should continue to make the same mistakes in judgement.
Why stop with just a bar curfew? Let’s also implement a curfew and shut down Rt 287 at 11, as the poor folks who bought a home near the highway probably did not realize that they run the risk of being kept awake by traffic noise. Same for the people who own homes near the railroad tracks.
Let’s hope that the threatened exercise of eminent domain will bring Mr. Berger to a realization that there are many good uses for the properties he owns–of course he knows this–and that it is finally time to do something. Leaving properties to deteriorate when options to develop them come before him is a situation that few can understand (beyond seeing greed as the operative principle–that he anticipates an ever-rising value to real estate). “Return” can come in many forms,though, and all are not monetary; developing properties that provide value to the community can generate its own form of appreciation and reward. Leaving gaping holes and festering eyesores associated with your name hardly seems like a goal. What a hero he would be if he saw fit to negotiate with developers who want to add value to this vibrant community!
The owner’s wealth & privilege should not shield him from the responsibility he has as a major landowner in the community. Far from it – he should work to be a steward of the land he owns and not be a blight on all of us. I hope something positive happens here for all residents and not just the ones with deep pockets.
Marie rozan. Myou problem with your complaint is that you knew that you moving into a bustling high energy town . The bars have been there long before 40 park was created . Its not the bars fault that you moved in right beside them.
while we are talking about condemning the Elm Street properties allegedly owned by this slumlord, perhaps the town will want to discuss the rat filled lot across from Headquarters Plaza, also owned by this individual.
This lot, directly across the street from the midtown direct train line, has been dormant and undeveloped for 20+ years, so why does it take so long to even begin the conversation? And what about the former Calaloo Café site owned by the same “developer”? What does having a vacant, overgrown eyesore located right next to Morristown’s Town Hall do to our image as a community and our property values?
What exactly has this “developer” developed aside from a nasty reputation for tax dodging and bankruptcy and close political ties?