A proposed Millburn zoning ordinance that would reshape where restaurants and food-service businesses can operate downtown reached the Township Committee for a second reading Oct. 20, capping months of debate over protections residents say were stripped during the pandemic.
Ordinance 2769-26 would amend the township's development regulations for restaurant and other food-service uses, pet care and grooming in the B-3 Neighborhood Business district, and related conditional-use standards. The Township Committee introduced the measure on first reading Sept. 1, according to the Planning Board's Sept. 16 minutes.
The Planning Board reviewed the ordinance at its Sept. 16 meeting and found it "not inconsistent with the Township's Master Plan" in a unanimous vote. Mayor Frank Saccomandi made the motion. All nine members present voted yes, including Chair Gaston Haupert.
The ordinance was then set for a second reading and adoption vote by the Township Committee. That vote was initially scheduled for Oct. 6 but was adjourned to the committee's Oct. 20 meeting. The Oct. 20 agenda does not indicate why the vote was postponed from Oct. 6.
The measure has roots in a months-long community push to reinstate restaurant zoning protections relaxed during the COVID-19 pandemic.
At the committee's Aug. 11 meeting, resident Jay Morreale supported reinstating a 125-foot restaurant setback requirement in the B-2 and B-3 districts. He said the setback would better protect nearby residential properties from noise, odors, refuse and other impacts. Pat Morreale urged the committee to reinstate the same setback, citing odors, rodents and difficulties resolving issues with commercial property owners. Resident Dawood Harry opposed a proposed restaurant on Morris Avenue, citing noise and other burdens for neighbors.
Committee members signaled broad support. Committeeman Michael Cohen said he "fully supported reinstating the pre-COVID restaurant zoning protections" and believed nearby residents deserved those safeguards, according to the Aug. 11 minutes. Committeeman David Cosgrove said residents living near businesses should be prioritized. Committeeman Jamie Serruto also backed further review.
The debate stretches back at least to July. At the committee's July 14 meeting, Jay Morreale expressed support for a predecessor measure, Ordinance 2760-26, saying it would restore resident protections related to restaurant zoning changes made during COVID while allowing existing businesses to continue operating. That ordinance was removed from the July 14 agenda.
The outcome of the Oct. 20 second reading has not yet appeared in public records. The Township Committee's next meeting is Tuesday, Nov. 10, at 7 p.m.
