Site Timeline (aerial)

1952-Don's Drive-In Restaurant opens on South Orange Avenue, a 2-lane road between Morristown and South Orange. It shares a lot with an Esso Station. Lot is leased from the Butler family who dwelt on an adjacent lot.

1970-Don's Restaurant asks for & receives first variance (of many) to enlarge.

1973 (Approx.)-Opposite corner rezoned and Esso Station moves across road. (Name changed to Exxon). Don's expands to cover Esso site.

1977-Present---All Master Plans for Livingston and revisions thereto have excluded this location from development other than for residential purposes with the exception of the grandfathered B-1 (Small Business) zone set aside for Don's Restaurant station and its successors. (Max's Cafe, Tutor Time.)

1984-Don's granted variance for 3150 sq.ft addition (bakery).

1997 (Approx.) -Don's closes after management changes with TMB Partners as final managers. Max's Café opens under TMB management.

1998-Max's Cafe closes.

1998-1999 (Approx.) TMB Partners acquires 4.25 acre Butler property, 650-660 South Orange Ave. Rents Butler home intermittently to a series of tenants.

1999-TMB Partners applies for subdivision approval to create lots, a B-1 and two conforming R-1 lots (single family on one acre).  Application approved and a Deed confirming the approval signed off by the Planning Board

2000-TMB Partners applies for variances to construct a 30,000 sq. ft. office building on the site of vacant Max's Restaurant.

2001-Livingston Zoning Board of Adjustment denies TMB Partners application.

2002-Tutor Time leases B-1 property from TMB and opens after extensive renovation.

2007- Butler home, 660 South Orange Ave., demolished.

2007- TMB Partners files a joint "builder's  suit" with Joseph Kushner Hebrew Academy (JKHA) under Mount Laurel (COAH) to erect 200 unit mid-rise on the Butler/Don's site and multiple dwellings behind the Hebrew Academy.

Dec. 2008 -Livingston settles builders suit with TMB/JKHA.  Livingston-Short Hills Coalition (LSHC) forms and hires council and a planning expert to oppose the settlement.  This website is formed as an informational/organizational source for LSHC.

Jan. 2009 - Millburn Township joins opposition against project.  New Jersey Superior Court "Fairness Hearing" scheduled (and subsequently postponed several times).  "Special Master" appointed to settlement.  Reports commissioned by Millburn Township (Omni Environment Report and Phillips Report) indicate substantial environmental and land use constraints on the property including endangered species.

Feb. 2009 - TMB Partners withdraws settlement proposal.  TMB requests and is granted postponement to "study" environmental factors.

June 2009 - Millburn Township and LSHC are denied intervenor status in settlement proceedings between Livingston and TMB Partners.  Court grants "amicus" (friend of the court) status to both parties with right to refile as intervenors at a later date.

July 2009 - TMB Partners files a second proposal modified to confine the superstructure footprint to the Tutor Time^TM parking lot.  The size of the structure and number of housing units are essentially unchanged from the original settlement proposal.

Late July, 2009 - LSHC joins resources with the Short Hills Association and holds a special informational/organizational meeting <part1> <part2> at the Millburn Free Public Library.

August, 2009 - Livingston Township drafts Housing Element and Fair Share Plan that proposes to rezone the TMB Property in light of the environmental constraints of the property and a competing sewer agreement with Millburn Township.  Livingston's Planning Board approves the plan.

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