Skip to content

A town square for an unsquare town

redbankgreen

Standing for the vitality of Red Bank, its community, and the fun we have together.

FAIR HAVEN: FAST-FOOD LAW NEEDS RE-DO

sal-alfieri-fred-heyer-051319-500x332-1692091Borough attorney Sal Alfieri and planning consultant Fred Heyer at Monday’s council meeting. (Photo by John T. Ward. Click to enlarge.)

By JOHN T. WARD

hot-topic_03-220x138-9108919A missing-in-action law that banned fast food restaurants in Fair Haven is effectively revoked and will have to be rewritten, the borough’s attorney said Monday night.

In that case, the next one needs to address “ambiguities” that enabled a proposed — and controversial — Dunkin’ coffee shop to clear the first hurdle to possible approval, officials and residents said.

fh-dunkin-donuts-010819-1-500x332-7135542Dunkin’ is seeking to open alongside the new breezeway at the Fair Haven Shopping Center. (Photo by John T. Ward. Click to enlarge.)

In the meantime, there’s no chance of a moratorium to prevent other fast food operations from seeking a toehold in the borough, attorney Sal Alfieri told the audience at the council’s regular semimonthly meeting.

New Jersey’s Municipal Land Use Law “is clear that a moratorium cannot be imposed unless the health official certifies that there’s a health issue,” he said.

Alfieri presented the conclusions of legal research he’d done in the two weeks since Grange Avenue resident Tracy Cole alerted the council to a gaping hole in the borough’s ordinances.

Seeking the text of the 1973 law that banned fast-food restaurants, Cole, who opposes the Dunkin’ plan, said she found that it had vanished from the official code book during a periodic “recodification” in 2002, when new laws and amendments to existing ones were consolidated and reorganized by an outside vendor.

Other parts of the code had also disappeared, said Bea Sena, who served on the council in 2002 and opposed adoption of the consolidated document precisely because of pieces were missing, even though officials were promised the missing sections would be restored, she said last month.

While Cole contended that those assurances, and the text of the recodification itself, suggested the law should still be in effect, Alfieri said that the 2002 recodification, and another in 2009 that failed to restore the fast-food ban, repealed all prior ordinances.

“Two codifications later, there’s no way we can say that law is still in place,” he said.

The 1973 prohibition, which had survived a legal challenge by the McDonald’s hamburger chain, barred diners, lunch wagons, roadside stands and “fast-food establishments designed for over-the-counter service of prepared or pre-prepared foods.”

On the advice of the council, planning consultant Fred Heyer of Heyer Gruel & Associates said he would review the last known version of the ordinance for ambiguities and return within two weeks to discuss his recommendations.

But he and Mayor Ben Lucarelli stressed that the end result shouldn’t create any new adverse conditions for existing restaurants and food purveyors in town.

“It’s the art of making it all work without damaging or hurting or having unintended consequences,” Heyer said.

Separately, the Dunkin’ application for a store in the Fair Haven Shopping Center of River Road is slated to be heard by the planning board, following a May 2 by the zoning board on jurisdictional appeals filed by Cole and another homeowner. No hearing date has yet been scheduled.

 

Follow Red Bank Green on Instagram
@redbankgreen
Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
9/11 TRIBUTE
Bailey Bryce Holiday and her father Bobby Holiday Jr. paint the lawn at Riverside Gardens Park Tuesday in preparation for the upcoming comme ...
PILGRIM BAPTIST TO JAMAICA
Recently, Pilgrim Baptist Church of Red Bank traveled to Trelawny Parish of Jamaica on a Relief & Recovery Mission Trip.  The Mission T ...
SNAIL WEATHER
Overnight rains and warm humid temperatures brought out a parade of snails along the access path to the Red Bank Primary School near Locust ...
ECHOES OF THE PAST IN TILE
Next to Playa Bowls. Always fascinated how this has stood here this long. (Submitted by Joseph Jakub) Follow Red Bank Green on Instagram @re ...
VIVA LA ELSIE’S
redbankgreen Partyline captures French visitor enjoying a pickle sub from Elsie's.
Truck strike downs pole
A truck struck a utility pole at the intersection of Catherine Street and Shrewsbury Avenue at about 8 am Monday morning. The pole wss compl ...
THRONGS FLOCK TO RED BANK STREET FAIR
redbankgreen Partyline: Thousands fill the streets of Red Bank for street fair.
PORTA POTTY X-ING
redbankgreen Partyline captures porta johns moving down the railroad tracks.
(G&G) DOG DAYS OF SUMMER
A solid lunchtime line at the G&G hot dogs truck on Shrewsbury Avenue on Monday afternoon. Driving this stretch of road when  G&G i ...
RBG CUB SIGHTING
A Partyline contributor positioned on the dais at Thursday's meeting of the Zoning Board of Adjustment captured redbankgreen reporter intern ...
DOWNPOUR STRAINS DRAIN
Partyline captures video of a flooded intersection during Tuesday's afternoon thunderstorm.
STILL ‘OPEN’ SPACE
Next to Fins and Feathers, very surprised to see an overgrown parking lot that still sits there…overgrown and with blacktop. (Photo and te ...
DARK COMEDY BY JERSEY DIRECTOR OPENS FILM FEST
Indie Street Film Festival kicks off with "In Memoriam," a dark comedy about an actor with six months to live.
Indie Street Film Festival Kicks Off
Indie Street Film Festival kicks off.
KUDOS FOR RBCS FINANCE WHIZZES
Monmouth County Board of Commissioners and Borough Council honor Red Bank Charter School students who took second place in a national financ ...
MARINE PARK HOT DOGS
Red Bank's newly remade Marine Park also has a new lunch option, a newly licensed hot dog cart.
MATCHA CLOSE UP
Partyline captures a photographer working for Aura Coffee Roaster angles for the perfect shot of two iced matcha lattes on Broad Street Mond ...
SOUTH STREET AUTHOR TO READ AT LIBRARY SATURDAY
South Street resident Scott Robertson will read selections from his book, Contents of a Curious Mind, Saturday, Aug. 8, from 11:30 a.m. to 1 ...
EARTH SPIRIT FOUNDER DIES
Jocelyn Ruth Midose, longtime owner of Earth Spirit New Age Center has died.
A PERFECT NATIONAL NIGHT OUT
The annual National Night Out event organized by the Red Bank Police Department drew hundreds to frolic amid the green grass and cotton cand ...