Careful consideration given to fast-food restaurant ban

MILLTOWN — You can’t keep fast-food restaurants out of town, at least not until you can define what they are.

In an effort to help them draft and consider an appropriately worded ordinance to ban fast-food restaurants, Milltown officials are reviewing ordinances in towns such as Metuchen that have already done so.

Despite opposition from some residents and borough officials, a Wendy’s fast-food restaurant was recently given a use variance by the borough’ Zoning Board of Adjustment to build a restaurant at Ryders Lane and Blueberry Drive on a site adjacent to Taco Bell.

In a recent letter, residents Vivian and John Morris asked Mayor Gloria Bradford and the Borough Council to prohibit future fast-food restaurants in Milltown.

Borough Attorney Patrick Diegnan Jr. said he reviewed Metuchen’s ordinance banning such restaurants.

"The way the ordinance reads, some existing establishments will fall under the definition of fast food," Diegnan said.

He mentioned the Applebee’s on Ryders Lane and some eateries on Main Street as possibly falling into this category.

When asked by Councilman Mike Skarzynski whether existing establishments could be grandfathered, he said that such businesses would be regarded as a nonconforming use and that "everything (the nonconforming businesses) do from there on would require an application."

Councilwoman Patty Murray said she feels the council cannot restrict fast-food restaurants in the entire borough but can limit where they are allowed to be built.

"We don’t want to hurt existing businesses," Murray said.

The Metuchen ordinance prohibits establishments that have "pre-payment by the customer at the time of ordering," "multiple cashier lines" and "numbered or preset menus."

Metuchen Zoning Officer Fany Ayala said Tuesday that her municipality’s ordinance has been successful thus far but still leaves a lot of room for interpretation.

"I feel if it were ever challenged, it would be hard not to have a Dunkin Donuts or a Subway to come into town," Ayala said.

Mayor Bradford said at the meeting, "It has a lot of far-reaching effects. When we make a decision, we want to make the right decision."

Council members agreed to look into finding a suitable definition before moving forward with any ordinance.