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After seven virtual meetings by Morristown, NJs zoning board, Joseph Milelli finally secured municipal approval to add three floors of apartments above storefronts at the corner of South and Dehart Streets in downtown Morristown.
The first set of meetings took place last year when Morristown’s zoning board narrowly rejected the same proposal to add three floors of apartments above the same busy downtown intersection.
Milelli attempted to sway the board last year by adding affordable housing options and cosmetic tweaks, and ultimately the board voted 4-3 in favor – but it was not enough, as the variances sought by building owner Joseph Milelli required 5 votes in favor.
Past objections to the project included concern over whether the project would have subverted zoning ordinances that specified DeHart Street as a dividing line, separating significant redevelopments near the Morristown Green, and more modest buildings towards the town hall.
Additionally, some on the council expressed concern last year that the addition of apartments over South and DeHart Streets would take away from the town's “Revolutionary lore.”
However, after six meetings and a rejection last year, an NJ Superior Court Judge overturned the rejected proposal in April of this year and returned Milelli’s application to Morristown’s zoning board – after which the application was granted approval, with conditions, by a 5-1 vote on Wednesday of this week.
Milelli now plans for 21 rental units above 23-27 South Street, four of which will be designated as affordable housing – while the law only requires 3 units to be designated as affordable housing.
Critics argue these new apartments will hasten Morristown’s urbanization and violate zoning that sets DeHart as a demarcation line between the quickly redeveloping downtown area and smaller structures near the town hall.
It was these concerns that led to Milelli losing his initial bid and drove Milelli to sue the board in June of 2021.
Ultimately, the 22-page decision deemed the Morristown zoning board’s denial “arbitrary, capricious, and unreasonable,” stating the denial failed to apply legal precedents for variances or show any potential harm the project might cause to the town.
The decision also claims board members cited “personal, unsupported opinions” about presumed parking deficiencies, rather than accepting Milelli’s “garage agreement” with the Morristown Parking Authority.
Along with municipal approval, Milelli’s attorney presented a letter from the Morristown Parking Authority outlining a pending 20-year deal to lease 40 spaces in the DeHart Street Garage for tenants of 23-27 South Street.
The new project also received approval to exceed Morristown’s four-story limit (the new structure will comprise of five floors if you include the Laundromat, a basement speakeasy nightclub), and to use street parking as loading areas.
Despite all the intense changes, Milelli has pledged to keep his commercial tenants, including 23 South gift boutique, J.C. Reiss Optician, and the Laundromat.
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