Fight Against Morristown Zoning Board Decision Dropped Due To Cost

MORRISTOWN, NJ — A local resident's fight against the approved application for the expansion of the Morristown Field Club has come to an end.

John Landau intended to appeal the zoning board's approval of the Morristown Field Club expansion to the town council but backed down after learning that he would have to pay thousands of dollars.

Landau claims in his appeal that the board's unanimous vote in August 2022 minimized the drawbacks of installing 16 additional 26,000-lumen lights.

During the Aug. 3 meeting, many members of the public expressed their concerns about lighting disturbances. In response, the applicant, John J. DeLaney Jr., clarified that there will be no lighting spillover on any adjacent property.

"The issue is not spillage; it's glare. It's a different thing than spillage. It's really unfair to those neighbors; those lights are really, really bright and discomforting," Landau said.

Last week, the council officially dismissed his appeal on a technicality because he had failed to provide a transcript of the zoning board proceedings within 35 days of filing, which is required by law.

Landau told the council that ordering a transcription of the virtual hearings, which totaled around 20 hours of testimony, would have cost him thousands of dollars. "It's just sort of crazy, so after I learned that, I just let it sit, knowing it would have to get dismissed."

Landau said he was not trying to attack the zoning board, but that he believed they voted incorrectly on this decision and failed to consider how the lights negatively impact neighbors and contradict the town's zoning master plan.

Residents Marcia Graydon and Keith Survell, who also live near the club, added that the residents are not the only ones who are bothered by the lighting, but that the wildlife at nearby Foote's Pond Wood will also suffer from the addition.

"I understand why the current appeal is being dismissed, but I hope that there will still be some review and perhaps reconsideration over the variances that were granted for the future," Survell said.

In response to the feedback from the public, Councilman Robert Iannaccone questioned the transcription process while discussing the dismissal of Landau's case.

"You want to take away as many barriers for legitimate appeals to be processed. We've seen this happen several times in town, where the neighbors or the neighborhood want to speak up and in general I think we have been very good. We've listened, we have supported them and given them guidance, here it is a monetary barrier that has been created," Iannaccone said.

Sandi Mayer, the council president, agreed with Iannaccone, saying that the option to appeal is not as accessible to the public as it should be due to financial constraints.

"This is affecting a lot of people," Mayer said.

Mayor Tim Dougherty argued that the council should not interfere with the process, claiming that the appellate has the right to call every transcription service company and choose the cheapest.

"I think you are opening a door that I don't know if you have the full understanding of," Dougherty said.