24-7 Limitation Gets Go-Ahead from Planning Board

An ordinance limiting 24-hour businesses in Madison took another step toward becoming a reality on Tuesday night when the Planning Board found it consistent with the borough's master plan.

The ordinance would prevent businesses in the CBD1, 2 and CC zones located 300 feet away from a residential zone from remaining open between the hours of 11 p.m. and 6 a.m. The ordinance was originally introduced at the Borough Council meeting on May 24 and was adopted on first reading, sending it to the Planning Board.

Borough attorney Joseph Mezzacca spoke in front of the board on Tuesday night, repeating much of what he has previously said regarding the ordinance which he drafted upon council request.

The council's move to send the ordinance to the board took place about a month after the Planning Board hesitated to vote to memorialize a site plan for the property at the corner of Main Street and Greenwood Avenue, after it was learned that owner and applicant Rocco Iossa Jr. was interested in having Walgreens as a likely tenant, and that 24/7 usage would be requested.

"We cannot, in my opinion, rule out 24-hour business operation in all zones throughout town," Mezzacca said. "This will not do that. There is still an area where 24-hour business could take place."

The board asked Mezzacca how many such businesses currently exist, and what would happen to them under the proposed ordinance. Mezzacca said he believed there were four, citing specifically Dunkin Donuts, Shell, and Quick Chek. He said any businesses which already run counter to the proposed ordinance would be grandfathered in if it passes.

Mezzacca also remained consistent in his belief that the ordinance is constitutional and would hold up if challenged, as a similar ordinance passed in Springfield was upheld in 1980 (Quick Chek Food Stores vs. the Township of Springfield).

Board planning consultant Susan Blickstein said she found the ordinance consistent.

"The master plan in various locations, without citing specific sections, is concerned and focused on maintaining the character of residential areas in the community," Blickstein said, "and it seems to me that having reasonable restrictions on proximity of 24-hour businesses with respect to residential zones is clearly consistent. And as Joe pointed out, there are areas of the downtown where you could have 24-hour operations, but they are buffered by other commercial districts."

When asked by Planning Board Chairman Steve Tombalakian if the board members found the ordinance consistent with the master plan, and that it should be sent back to council with the recommendation that it be adopted, all eight members unanimously voted in favor.

The ordinance will now make its way back to council for approval.