South Street apartment developers defend proposed gift to DOT: ‘We’re not trying to sneak one by this board’

Rendering of apartments proposed for 126 South St., next to the Vail Mansion, June 2021.Screenshot by Kevin Coughlin
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Representatives of apartments proposed next door to Morristown’s historic Vail Mansion on Thursday defended an attempt to boost the project’s size, and said the units would be marketed to affluent empty-nesters.

A traffic consultant also testified that 39 new apartments and an unspecified retail tenant would have an “imperceptible” impact on motorists along busy South Street.

Rendering of proposed 126 South St. apartments, as it would appear from the Vail Mansion lawn, June 2021. Screenshot by Kevin Coughlin

The one-acre property at 126-136 South St. is zoned for 30 units. But a consortium of developers called South Street Morristown Holdings LLC hopes for up to 10 more, under a town “density bonus” awarded to projects below an acre.

To squeeze under that cutoff, and reap the bonus units, the developers are offering two wedges of front lawn as a right-of-way to the state Department of Transportation. The DOT has jurisdiction over South Street.

During a nearly three-hour special virtual meeting of the town planning board, an attorney for an objector challenged that “scheme” on two grounds.

Even with the gift to the DOT, the project still would exceed one acre because its windows  will jut over the Vail Mansion boundary, said Tom Jardim, who represents Vail condo owner Issa Oweis.

Issa Oweis says this view from his Vail Mansion balcony will be blocked by a four-story apartment building. June 14, 2021. Photo by Kevin Coughlin

Oweis objects to the size of the four-story project, contending it will block his view and mar the ambiance of “the Taj Mahal of Morristown.” The town Historic Preservation Commission concurs.

Jardim added that the board is wasting its time until the state decides whether to accept the right-of-way, “two slivers of land that serve no public purpose whatsoever.”

Board Chairman Joe Stanley opted to proceed, after hearing from board attorney Lisa John-Basta and project engineer Brad Bohler.

Windows of a proposed apartment building would jut two feet over the boundary of the Vail Mansion condo association, says Vail resident Issa Oweis. June 14, 2021. Photo by Kevin Coughlin

The offer to the DOT conforms with town zoning and the DOT’s master plan, which encourages such rights of way for enlarging sidewalks and underground utilities, asserted project attorney Frank Vitolo.

“We are, in fact, looking to take advantage of the 10-unit bonus. We’re not hiding that fact, at all,” Vitolo said. “We’re not… trying to sneak one by this board. We’re telling you exactly what we’re doing it and how we’re doing it.”

OPPOSITE SIDES OF THE FENCE: Tom Jardim, left, lawyer for an objector; and Frank Vitolo, attorney for the developers, Morristown virtual planning board meeting, June 17, 2021. Screenshot by Kevin Coughlin

Bohler, his engineer, testified that a state transportation official told him there is no reason not to approve the right-of-way. That review could take “a few months,” according to a DOT spokesman.

The developers previously floated the idea of donating 652 square feet to the town, for a “pocket park.”  However, that would involve potentially lengthy and costly hearings before the zoning board.

Brad Bohler, engineer for the developers, addresses virtual special meeting of Morristown planning board, June 17, 2021. Screenshot by Kevin Coughlin

The planning board’s lawyer rejected Jardim’s window calculation, and said members could conditionally approve the 39 apartments, contingent upon DOT acceptance of the right of way.

Variances also are needed for the building’s height (six extra inches) and driveway width (two feet narrower).

After numerous negotiations, the developers on Thursday secured easements from the association representing more than 30 Vail condo owners, Vitolo told the planning board.

A driveway easement also is imminent with owners of the nearby Creamery building, attorney Richard Wade testified.

Plans call for an L-shaped structure wrapping around the former Susi’s Salon. A ground-level garage would enclose most of the project’s 59 parking spaces.

EMPTY NESTERS AND SCHOOL BUSES

One of the partners, Carl Goldberg, said the 1,400-square-foot apartments would be marketed to empty-nesters like himself, a 70-year-old who would like to downsize from his Randolph home.

Such features also might also might attract New York apartment dwellers with children, said Kathleen Hemmer, a member of the public who logged in.

“There could be school buses stopping on South Street,” she said.

Lisa John-Basta, attorney for the Morristown planning board, pictured on Jan. 14, 2021. Screenshot by Kevin Coughlin

School bus routes are determined by the Morris School District, not the planning board, said John-Basta, the board attorney.

Goldberg cited his Morristown track record. In the 2000s, his team built the Vail condos — which flank a century-old Italian Renaissance-style palazzo now housing the tony Jockey Hollow Bar & Kitchen — and the upscale 40 Park condos and Metropolitan apartments near the Morristown Green.

“We have been an integral part of the transformation of our community into one of the most admired and desirable downtowns in the state of New Jersey,” he said. Through good and bad economic times, “we’ve been steadfast in our long term commitment to the downtown.”

Developer Carl Goldberg addresses virtual planning board meeting, June 17, 2021. Screenshot by Kevin Coughlin

The complex will include communal yoga-, fitness- and sports simulator rooms, and will be similar to The Upton, a Short Hills development popular with empty nesters, Goldberg said.

Those apartments were built by Goldberg’s present partners, Finn Wentworth and David Welsh of Senlac Partners.

“We think there’s a real opportunity here to do something special” like that in Morristown, Goldberg said.

Based on traffic counts from October 2019, project traffic consultant Doug Polyniak estimated the new apartments and retail would generate six trips in and 16 out during morning peak periods, and 30 trips each way during peak evening periods.

The impact on South Street traffic would be “imperceptible,” he testified.

On June 24, 2021, the board is scheduled to hear more from the project engineer about turning radii in the parking area, along with virtual testimony from project architect Robert Cogan.

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1 COMMENT

  1. Re: the “slivers of land that see no public purpose whatsoever,” we have seen at the Vail Mansion the “Public” stairway to King Place is now chained and inaccessible. The public has been using it for years. The concept of adverse possession presents itself. Perhaps the staircase is discussed in the redevelopment agreement.

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