Morristown’s next development battle: Deep pockets square off near Vail Mansion

Rendering of proposed 126-136 South St. apartment/retail project; Vail Mansion is on the left. Graphic by Barton Partners.
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This story has been updated with contentions by a lawyer for Vail Mansion residents that the South Street application is before the wrong board.

There is a battle, it seems, for every block and corner of downtown Morristown.

Armies of lawyers, architects, planners and developers are squaring off against residents, town officials and each other, in lawsuits or in Zoom sessions before the zoning and planning boards.

Details vary, but the underlying arguments remain the same: Progress vs. Morristown’s small-town charm.

After two years of town meetings, developers broke ground last fall on the massive M Station office redevelopment on Morris Street. The town is threatening to condemn a vacant building at one of Morristown’s choicest corners, Washington and Bank streets, for more redevelopment.

Across from the historic Morristown Green, all eyes are on the newly shuttered Century 21 store and a slew of long-empty storefronts on North Park Place.

At South and DeHart streets, another prime intersection, a landlord is pleading with zoning officials for permission to erect apartments that exceed height restrictions. Property owners on South Street and Speedwell Avenue, meanwhile, are suing the town over stalled office- and apartment projects, respectively.

Now, here comes the next big tussle:

Combatants with deep pockets will duel (virtually) before the planning board starting this Thursday, Jan. 14, 2021, at 7 pm.

Local developers want to erect 40 apartments, with 5,000 square feet of ground floor retail and 69 parking spaces, in a U-shaped, four-story configuration behind the Green Village dry cleaner and the former Suzi’s Salon at 126-136 South St. They also would contribute nearly $400,000 to Habitat for Humanity Inc. towards three affordable housing units on Hazel and Orchard streets in Morristown.

Next door neighbors from the historic Vail Mansion say the proposed project is too big, too tall, too close to their driveway, and too ugly–potentially marring the character of the Morristown Cultural District and jeopardizing values of their $1 million-plus condos.

They contend the project, which needs variances for property setbacks, building height and sidewalk size, among other items, runs counter to at least five town planning documents adopted between 2006 and 2020 that establish goals for preserving the historic character and charm of a community with ties to the Revolutionary War.

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The project is backed by Morristown resident Finn Wentworth and business partner David Welsh, co-founders of Normandy Real Estate Partners, who sold stakes in that Morristown company for $100 million in 2019.

A prominent philanthropist and former president of YankeeNets, Wentworth has spearheaded the New Jersey Pandemic Relief Fund, contributed to a drive providing rent relief to Morristown businesses, and helped raise millions for Morristown Medical Center.

His new firm with Welsh, Senlac Partners, under the umbrella of Roseland-based South Street Morristown Holdings LLC, is teaming with principals from companies that built the 40 Park condos and The Metropolitan luxury apartments near the historic Morristown Green. They include Eric Witmondt and Carl Goldberg.

About 30 residents of the Vail Mansion Condominium Association have banded together to hire their own experts, setting up a potentially colorful showdown.

One of their lawyers is former Mayor Jay DeLaney Jr., who will face off against Frank Vitolo, a Riker Danzig partner who has represented numerous major developments in town, including M Station.

DeLaney helped Wentworth win approvals for luxury condos on Maple Avenue in 2013.

Vail Association members say they bought their condos based on the bucolic setting, and pay $600,000 a year in local taxes. They plan to cite a report by the Morristown Historic Preservation Commission that urges the proposal as submitted be rejected.

“This is a tortured plan defined by an attempt to make maximum real estate use of an unusual U-shaped property. It would do irreversible damage to the Vail greenspace, exceed the character-defining building height along South Street by two stories, and introduce yet another intrusive driveway on South Street,” wrote commission Chairman Ken Miller.

Vail residents also hope to present written testimony from the director of the University of Illinois School of Architecture, Robert Somol, who contends the design is an oversized, “drab…anonymous institutional building” that will negatively impact property values and the historic nature of the area.

The former Suzi’s Spa in Morristown, November 2020. Photo by Kevin Coughlin
‘CART BEFORE THE HORSE’?

Apartments and retail are permitted in this zone, and the variances sought are not considered major enough to require hearings before the board of adjustment (the “zoning board”). Applicants there must satisfy more rigorous legal proofs, often over months of presentations.

That’s where Martin Cabalar, the condo association’s lead attorney, thinks the application should be heard. The developers need a density variance from the zoning board, he contends.

A quirk of the town’s zoning laws allows more housing units on parcels under one acre, presumably to encourage more efficient land use in designated areas. The combined tracts on South Street are just over one acre.

To come below that mark–and qualify for a “density bonus” giving them 40 units instead of 30–the developers proposed donating 652 square feet of property to the town. But that subdivision has not occurred yet, Cabalar noted in a Jan. 7, 2021, letter to town officials.

That amounts to putting “the proverbial ‘cart before the horse,'” Cabalar wrote.

The attorney also asserts the project requires a zoning board variance for  proposed street frontage that exceeds town restrictions. And he claims it needs a plan amendment that reflects the developers’ intention to access their site via property owned by the South Street Creamery. Property owners within 200 feet of the Creamery then must be notified, Cabalar wrote.

Planning Board Attorney John Inglesino could not be reached for comment on Tuesday. The application remains scheduled for the planning board on Thursday, according to Town Zoning Officer James Campbell. Cabalar’s concerns may be addressed at the meeting, said town Planner Phil Abramson.

Built during World War I by AT&T President Theodore Vail, the Vail Mansion served as Morristown’s town hall and police station for decades. Wings added in 2008 to the Italian Renaissance-style palazzo contain luxury condos; a few years later, renowned New York restaurateur Chris Cannon opened the Jockey Hollow Bar and Kitchen in the original mansion.

In 2017, Jockey Hollow, the Mayo Performing Arts Center, the Morristown and Township Library, the Presbyterian Church in Morristown and St. Peter’s Episcopal Church created the Morristown Cultural District to promote that stretch of South Street, and to raise money for charities through special events.

Records show the two parcels proposed for development were bought for $3.8 million in 2016 and 2017.

Senlac projects include the 26-unit Tudor House apartments in Madison, and office/retail space in Summit that is home to the retailer West Elm.

Established in 2002, Normandy Real Estate Partners acquired or developed more than 30 million square feet of office space across New York, New Jersey, Boston and Washington, D.C., according to the company.

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18 COMMENTS

  1. It’s much appreciated that this design incorporates the early 20th century brick house on South st, instead of simply demolishing to increase the size of the redevelopment.

    The administration and town planner need to take heed of this approach to redevelopment – when further discussing the irresponsible eminent domain recommendation and potential demolition of the historic buildings on Washington St.

  2. Reply to Conner:
    No one is taking about matching architecture . Compatibility does not mean matching . None of the residents is an architect but all are sensible . When one designs a structure towering over us , blocks us , extends north well beyond VM entrance and having 12 feet high garage along the oval driveway , then reasonable people would agree that a better plan is feasible . Garage must go underground and at least one floor eliminated as a starter in order to have a a plan that works for everyone .

  3. You cant require or expect all new buildings near an old building to be built in historic standards. The shadows cast on the lawn area is one legit concern, but to say it doesn’t match the architecture is crazy. What do you expect, to build brand new buildings with modern amenities inside and a 18th century façade on the outside?

    Large part of what makes these buildings charming in the urban landscape is the juxtaposition of having a century old designed building next to modern architecture.

  4. I have lived in Mo-town for over 20 years and have had no issues with previous development projects, however this one seems quite excessive and overbearing for the location. If one wants to get a good idea of how this will look, go to the high school on Atno Ave. and see how that apartment building overwhelms the local homes and skyline. If that is how it will look, do we really want main street to look like that? Not I.

  5. Having participated in many of the Vail Association meetings about this, it seems to me that the emphasis in this article and some of the commentary here about our condo values is misplaced. I’d say over 95%+ of the discussion and concerns of residents was about the poorly conceived architecture— the effect on the serenity of the lawn/reflecting pond area by being “walled off” with a massive parking garage structure directly alongside the entire eastern edge of the lawn, the massive height of the new structure overwhelming the lawn and everything else around it, and the inconsistent architecture with its surroundings. The lawn and reflecting pond are truly unique for any urban setting…. we are fortunate to have it in Morristown and we should be responsible about how we develop around it.

  6. I’m sure some modifications can be agreed on that allow it to be built. A blotted sight there now isn’t helping the historic charm.

    “The VM Condo owners are responsible for maintaining the park, reflecting pond and memorial that the public enjoys”

    ^that fountain hasn’t been on in years. Can VM Condo owners fix it please?

  7. There needs to be a balance and a successful outcome has neither party getting everything they want.

    Vail Mansion Condo residents had no problem when their project bastardized the existing Vail Mansion and further had no problem when a bar/restaurant was front and center.

    Now they take a stand against a neighboring project that supposedly will negatively affect their condo values?

    The vail Mansion does nothing for the Mayo. It is the Parking Authority and Chris Cannon at JHK&B that have negotiated to help the Mayo with its parking needs.

    The proposed project can be modified so that all parties are satisfied.

  8. @Matt – there are a variety of solutions that the VM owners would find acceptable.

    @JT – the VM Condos were built to match the VM, the new development does not have that in mind. The VM Condo owners are responsible for maintaining the park, reflecting pond and memorial that the public enjoys, as well coordinate with the MPAC to make that experience enjoyable as well.

    Morristown made a conscious decision to support a historical zone, and the new building is not consistent with that. The real estate developers are beefing up and are going to afflict an abomination on the town.

  9. This is an ill conceived plan that lacks compatibility with the historic nature Vail , blocks part of vail , cast shadows on the great lawn and vail . It is not self sufficient with nor fire or emergency access and will use South street for loading/unloading spaces . It will also deny access by creamery to the back of their building . The most prominent part is an ugly first floor garage 12 feet high and the developer brags about it !as a modern structure that has no respect for Morristown most prominent building . Yes Morristown is special . Greed is not good .

  10. Unfortunately, the rendering in this article does not do justice to what an oversized, overbearing building is being proposed. The site plan is from the developer so, of course it will be made to look good. In reality it towers above the other buildings on South Street and is a ridiculous shape. If this plan gets approved, then Morristown has lost its way and has caved to the developers. There needs to be a proper balance between development and the historical feel of the town. That can be achieved with this site and others throughout the town.

  11. Vail Mansion Condo Assoc: Our $1M condos, built on top of the historical Vail mansion, are A-OK, but yours will do irreversible damage to our property value and the historic district.

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