FAIR HAVEN – In this borough of mom-and-pop shops and precise eateries, there are no fast food chains. That’s due to the fact local regulation handed in 1973 prohibits them.
With a Dunkin’ espresso-and-donuts shop trying to open a shop within the Fair Haven Shopping Center on River Road, that ordinance is getting a 2nd appearance. But the trouble is, no one can locate the nearby regulation within the codebooks.
The problem stems from mistakes made during the recodification of Fair Haven’s code ebook in 2002 via an outside supplier. Recodification is the lengthy system of reorganizing and consolidating antique laws and their more moderen amendments. The gaffe, observed with the aid of a council member in 2005, became suggested in The Two River Times on the time.
At a borough council assembly Monday night time at which the quick meals ban become discussed, Fair Haven’s cutting-edge borough legal professional Sal Alfieri stated he has no longer visible the 1973 ordinance that created the ban, nor has modern borough clerk Allyson Cinquegrana been able to discover it.
“It won’t exist. We won’t be able to provide it for you,” Alfieri said.
The 1973 ordinance, which withstood a felony undertaking from the McDonald’s speedy food chain, banned speedy meals institutions designed for over-the-counter service of organized or pre-organized meals, in addition to diners, roadside stands, and cellular lunch carts.
Resident Tracey Cole, who opposes the Dunkin’ store, went seeking out the original ban only to discover it became missing. At the assembly, she argued that the ordinance, which was no longer issue to recodification or modification due to the fact it is, in reality, lost, may want to still be considered “on the books.”
“The simple language is written and defended in 1972 and followed in ’ seventy-three become with us and doing its task until 2002,” Cole stated.
“Whatever became inadvertently excluded can’t just be placed back in, although it changed into inadvertently excluded,” Alfieri said. “Two codifications later, there’s no way we are able to say this law remains in the area.”
The Dunkin’ would occupy a 2,000-square-foot space in the buying center’s breezeway, which connects the front and rear parking regions, previously occupied with the aid of Laird’s Stationery.
At previous conferences, some residents against the Dunkin’ stated a store would be redundant and unnecessary, with franchises already in Red Bank and any other in Sea Bright. Others said they wanted to shield Fair Haven’s small city atmosphere from the creep of ubiquitous chain shops and speedy food – which brought about the search for the nearby ordinance – or that site visitors might growth in bike-pleasant Fair Haven.
Former borough council member Beatrice Sena, who served at the council in 2002, known as the code ebook omission “horrifying.” Sena said she recalled opposing the following adoption of the reworked code ebook because of the misplaced code, which she believes covered numerous pages of borough regulation.
That ordinance changed into lost in the course of the two previous recodifications. According to borough planner Fred Heyer of Heyer, Gruel & Associates, the most effective manner to make it enforceable all over again is through a legal adoption procedure.
Mayor Ben Lucarelli encouraged the council task its making plans consultant and zoning officer with reviewing the 1973 ordinance and cleansing up any ambiguities so it could be offered to a committee for eventual attention for adoption.
Heyer stated, in the course of this technique, it’s critical to keep in mind of the “unintended effects” of tweaking an ordinance and the bad impact that could have on current institutions.
“Our master plan is considered one of the sidewalks, taking walks, biking, that sort of environment. But I’m also listening to that we need to watch out for our business owners. But I suppose we ought to decide, one or the other, with this new ordinance. The community that I suppose Fair Haven desires to be is pedestrian, own family and kid-friendly. I hope that’s what the council considers.”
The Dunkin’ application calls for no variances however does want an exchange of use from retail to restaurant to comply with zoning ordinances. A date before the making plans board has now not but been set.