By Ellen S. Wilkowe
The occupancy rate of a building sometimes comes down to toilet use. Really.
That was one of the deciding factors that helped move the the Morristown planning board to recommend 237 South St. for “noncondemnation rehabilitation” status last week.
“That’s one way we measure vacancy,” said town Planner Phil Abramson. “By measuring sewage use patterns. How often is the toilet flushed?”
Apparently, at this site, not very much.
The property is owned by South & Headley Associates Ltd., a partnership controlled by Morristown attorney Lawrence S. Berger. The site is also the listed address for Berger’s law-firm, Berger & Bornstein, and his real estate company, United States Land Resources.
Berger was not present at Thursday’s meeting.
Noncondemnation rehabilitation translates to a lighter form of redevelopment: Short-term tax breaks are meant to induce a property owner to spruce up the place. The town “collaborates” with the owner to make this happen.
The designation also prohibits the town from seizing the property through eminent domain.
Abramson provided a brief but powerful visual presentation to prove the building fit several criteria of “an area in need or rehabilitation,” as defined by state law and in compliance with goals of Morristown’s Master Plan re-examination from 2018.
“This isn’t one of those ‘tree falls in the woods’ situation,” he said. “This is a place where a lot of people are going through every day. It’s a high-stakes area and there’s deterioration here.”
Abramson homed in on criteria for “establishing a pattern of vacancy, abandonment, or underutilization in the area.” The plummeting sewer use— an 80% drop from its peak–fell under this domain, as did the proof in pictures that spoke to the progressive deterioration of the property that has been tied up in foreclosure and bankruptcy courts for the last 14 years.
It’s the not the first time Berger, 83, has landed on the town’s radar screen.
In 2016, the town council threatened to invoke eminent domain to seize a long-vacant Elm Street lumberyard owned by Berger, a former principal in the now-defunct Pazzo Pazzo and Calaloo Café. Nothing ever happened and the space remains dormant.
Thursday’s hearing was in response to a request by the council, which last month authorized the board to investigate whether 237 South St. should be designated for “non-condemnation” rehabilitation.
The board’s answer was a resounding yes. In addition to the building’s legal woes, the site suffered structural damage from a fire six years ago, and repairs were “minimal” at best, Abramson said.
“These were more reactionary repairs,” he added.
He continued to pair evidence he said met criteria dealing with deterioration, specifically:
“A significant portion of the structure is in a deteriorating or substandard condition,” and a “pattern of vacancy, abandonment or underutilization of properties in the area.”
“There’s more than a 50 percent vacancy rate,” he said. “There are empty suites, and several are used as storage. There’s files, and all kinds of stuff. “
Among other key findings:
- Substandard roof
- Interior water damage (leaks)
- Deficient electrical system
- Poor exterior building condition
- Non-functioning sanitary systems.
- Holes in ceilings
He clicked through slides that advanced vacancy criteria such as a sparsely-occupied basement garage containing few dust-covered vehicles, an apparent abandoned truck, discarded items in the rear, and stagnant “For Sale and For Lease” signs showcased over a decade.
The “stuff” in the basement included a South & Headley street sign, and the unmistakable scent of sanitation in distress, Abramson said.
“My dad used to say once you have rust you’re done, and that is what this is in this neighborhood,” he said. “That is why this law exists. You have this impact and what the law believes is that it’s contagious…That’s why the statute allows you to get a break on taxes.”
The visuals provided enough evidence for the board to unanimously recommend the non-condemnation rehabilitation designation to the council for further review and a public hearing this Tuesday.
The planning board, meanwhile, will continue its hearing for a proposed development at 9 Cory Road next month.
Board members also congratulated colleague Chris Russo on his election last week to the Morris County Board of Commissioners, breaking a 53-year dry spell for Democrats.
Morristown has a long history of people stepping forward in pivotal moments.
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