Cap On Building Heights Discussed By Morristown Council

MORRISTOWN, NJ — Morristown officials approved the introduction of an amended ordinance capping the height of new buildings.

The Morristown Town Council has reintroduced an ordinance that limits the height of new construction on Blachley Place and portions of Speedwell Avenue, as well as South, Washington, Market, and Bank streets.

The measure, which passed 6-0 with Councilwoman Toshiba Foster absent, is scheduled for Planning Board review later this month, with a final public hearing planned for Aug. 8.

The administration had also proposed its own ordinance to keep Blachley and a stretch of Washington zoned for four stories, changes that were approved by the planning board.

However, the council's version was placed first on the agenda, and the second version of the ordinance was withdrawn.

The measure comes after a presentation by town planner Phil Abramson in April, during which council members voted on revisions to Morristown's land development code. However, the council did not adopt the ordinance by its original advertised date of May 9, causing it to be reintroduced during the June 27 meeting.

• Read More: Zoning Revisions Proposed For Morristown At Council Meeting

All of the amendments, according to Abramson, are posted in detail on the town website.

The ordinance vote came after a public comment period in which residents expressed support for the stricter height limits.

Rich Modzeleski, a resident, spoke about Morristown's historic character and how building height limits could help preserve it.

"Adding stories to this zone will prompt the demolition of older buildings for larger and potentially more modern construction, thus causing the loss of small entrepreneurs and cultural diversity. I hate to say it, but Max On Morris, the new building on Ridgedale and Morris, is an example of what we might expect: a building with no character," Modzeleski said.

Max on Morris is the newest multifamily community located at 175 Morris Street in Morristown. The development opened this spring, with Councilman Robert Iannaccone praising the council's work on the project.

"The whole process that the council did, the planning board did, I think they did a very good job. That building went from becoming, initially a warehouse to a building that I think is fairly attractive and very welcoming," Iannaccone said at the April town council meeting.

Residents in favor of the height cap also warned of increased traffic and motor congestion in town, which will be exacerbated by the introduction of new developments at M Station, according to Modzeleski.

"Why support more congestion, why more parking issues, why potentially change the character of a convenient shopping and diverse neighborhood simply to satisfy desires of increased density? When will it end?" Modzeleski said.

Morristown resident John Hoyt agreed with Modzeleski, saying the town has a responsibility to preserve its historic nature.

"The first resolution seems like the right thing to do: limit the height of the buildings on Morris Street between Elm and Morris," Hoyt said.

Frank Vitolo, a real estate lawyer, also spoke at the June 27 meeting and offered a different perspective on the matter, saying that "it's always good to have point and counterpoint."

"The amended zoning, ladies and gentlemen, is the most consequential thing you will do this year. I guarantee that. The zone you're creating—you're calling it the transition zone—is going to eliminate tens if not hundreds of millions of dollars of potential development value," Vitolo said.

The height restriction will harm small property owners by preventing them from selling to developers, who will instead take their business to other towns, Vitolo asserted.

"It's not the developers who are going to be impacted primarily; I know that's sort of a misnomer. They'll take their money and they will invest it somewhere else. The brunt of these changes will be borne by the people, the families and the individuals that own all the properties along the affected streets," Vitolo said. "They are going to take the brunt of this rezoning."

Vitolo then requested that the council provide adequate notice to all business owners who would be affected by the rezoning.

The development company Olnick and Fisher Group, which owns Headquarters Plaza, has long discussed plans to "camouflage" the adjacent "ugly" parking garage behind a taller building, according to Vitolo.

The company would be unable to carry out its plans if the proposed zoning changes limited new buildings to five stories.

Iannaccone, the lone no vote against the April ordinance, said last week that the updated ordinance is a "good first step," arguing that the council ordinance was the better option and would help preserve the historic nature of Blachley Place.

"I think coming out here and how articulate all four of you were on this topic. Keep talking to us," Iannaccone said.