The Alley rolled a gutter ball.
At a special meeting Wednesday, Morristown’s council unanimously denied a liquor license transfer sought by The Alley at South, a bar/restaurant/bowling alley proposed for 37-39 South St.
The denial killed–at least for now–a shape-shifting application that spanned five hearings stretching back to January 2024.
Originally dubbed The Backyard because of plans for outdoor dining and games, the project underwent at least two makeovers in response to public apprehension about noise.
Wednesday’s 6-0 vote followed 90 minutes of testimony by a retired detective, a planner, a homeowner, and a member of the Episcopal Church of the Redeemer; and comments from a handful of objectors.
Their concerns about noise, traffic, proliferating downtown bars and misbehavior by their inebriated patrons, and the wisdom of opening a bar across the street from a church that hosts 12-step meetings and a home for people in recovery, proved persuasive.
While a bowling alley would be great for Morristown, Council President Nathan Umbriac said afterwards, its potential benefits were outweighed by public safety issues and congestion that the venture’s 450-person capacity might bring.
“It’s just super-saturated,” Umbriac said.
Council Vice President David Silva summarized his vote in three words: “Quality of life.”
Billy Walsh, principal partner in The Alley, expressed disappointment. Had he gotten permission to transfer an unused liquor license to South Street, and obtained subsequent zoning approvals, The Alley would have become his family’s sixth bar in Morristown.
“I think it was a little shocking,” he said of the outcome. “But what are you going to do?”
What his lawyer is going to do is appeal to the state Division of Alcoholic Beverage Control (ABC).
The council’s “arbitrary, capricious and unreasonable” decision favored 10 townhouse owners over the larger community, depriving the town of a family restaurant and Morristown High School students of free bowling, said Walsh attorney Robert C. Williams III .
Time may not be on their side. The state ABC is backlogged; Williams awaits a hearing on another case that predates the pandemic. It’s unclear how long the South Street property’s owner, a podiatrist practicing at this location for decades, will extend his sale agreement with Walsh.
‘AN AREA OF PEACE AND GENTLENESS’
Opposition was spearheaded by owners of the Georgetowne townhomes on Community Place. They hired attorney Matthew Moench, and he called one of them, Rich Herburger, to testify.
Herburger told the council he endures pulsating music at 1 am on weekends from the Homestead, a Walsh family establishment that abuts his backyard.
He added that his neighbors are weary of screaming, profanity, fighting, vandalism of planters, and urination in their parking lot by patrons exiting bars on South and DeHart streets.
“We need to put a stop to this. There’s got to be other places in Morristown where bars can be built,” Herburger said.
Morristown has more liquor licenses–and bars–than most New Jersey towns because its neighborhood watering holes got grandfathered when the state imposed limits after World War II.
Only one local resident, Scott Thompson, voiced support for The Alley. Two witnesses traveled considerable distances to register their displeasure.
Bill Braunschweiger interrupted a vacation in Lake Placid, NY. His family’s jewelry store, an anchor business on South Street, came to Morristown in 1956 — opening in the same building that was the focus of Wednesday’s hearing.
The council doubles as the town alcoholic beverage commission, and Braunschweiger exhorted members to exercise the control portion of their regulatory duties.
“Everyone knows that alcohol is a problem when people are over-drinking,” he said.
Susan Schessler, 83, drove from her home in Nazareth, PA, to stand up for Redeemer, where she worships. The church grounds include Egan House, which helps men recovering from substance abuse reclaim their lives.
“We would like to see our area be an area of peace, surrounded by as much gentleness as we can possibly maintain,” Schessler said.
As councilman for the Fourth Ward, Chris Russo represents South Street businesses and nearby residents, including the Georgetowne owners.
Russo said he was swayed by testimony from retired Parsippany detective Daniel Bendas, a surprise witness allowed by town Attorney David Minchello over objections by Williams.
A bar the size of The Alley likely would increase drunkenness, noise and trash in the vicinity, testified Bendas, who observed Morristown’s late night scene last October.
Morristown police raised no concerns about the license transfer, Williams countered.
Council members Robert Iannaccone, Tina Lindsey and Steve Pylypchuk joined Russo, Silva and Umbriac in rejecting the transfer. Councilwoman Toshiba Foster was absent.
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