Morris Township board hears final testimony in contested South Street Gardens D1 use-variance; hearing continued for conditions

The Morris Township Board of Adjustment on April 15 heard recall testimony in a long-running application by the owners of South Street Gardens seeking a D1 use variance to operate a garden center that would include a coffee shop and a small event space.

Applicant witnesses and opposition experts sharply disagreed over what is already on the ground at 383 South Street and what would be allowed if the board approves the applicant's site plan. Opponents introduced an aerial photograph marked as an exhibit that they said shows additional paved and graveled areas, new storage containers near the wetlands and changed front walkways not shown on the Stewart site plan. John Weiskerber, the objectors' aerial consultant, told the board the photo shows a larger impervious footprint than submitted to the board.

Applicant counsel disputed the photograph's value as quantitative engineering evidence and said it should be treated as a visual exhibit. The applicant's civil engineer, Patrick McClellan, said his field testing and a forensic review of soils and historical aerials…