Ordinance Sent to Planning Board Would Prevent 24-Hour Businesses in Certain Zones

The Borough Council has voted to send an ordinance to the Planning Board for review that would keep 24-hour businesses from taking root in certain borough zones.

The ordinance, which was introduced at the council's regular meeting on Monday, would prevent retail businesses set in the CBD1, CBD2, and CC zones, which are also located 300 feet away from a residential zone, from being open during the hours between 11 p.m. and 6 a.m.

The action takes 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.

On April 26, the day before the memorialization vote, the issue was brought up by concerned members of the public at the borough council meeting.

It became obvious that members of the council were concerned, as well, with Mayor Mary-Anna Holden saying, "that's not Madison," about the possible 24-hour business.

At that same meeting, Borough Attorney Joseph Mezzacca foreshadowed what took place this past Monday when he said, although it was impossible to prevent all 24-hour businesses in Madison, as it is a blanket ordinance, there was the possibility to pass a resolution preventing it on property where a commercial area abuts a residential area.

"But if there is sufficient impact on residential, I think you can structure something, and that's what I've been working on," Mezacca said at that meeting.

Mezzacca on Monday also referenced a New Jersey Supreme Court case, Quick Chek Food Stores vs. the Township of Springfield in 1980, which he said held it a valid act by a municipality to regulate retail close to residencies.

"They held that limitations upon hours of service in commercial establishments located in a residential (area) is a regulation related to health, peace and comfort in those surrounding homes," Mezzacca said.

Multiple residents from the area surrounding 122 Main St., where the property resides, thanked the council for bringing the ordinance to the Planning Board, including Paul Allocco of Greenwood Avenue, and Lorraine Figarelli of Alexander Avenue.

Figarelli also brought a petition signed by 200 residents against a 24-hour establishment and gave it to Borough Clerk Elizabeth Osborne.

"You saw the neighberhood's concerns and you acted very promptly," Allocco said. "Thank you."

The ordinance is set to be on the Planning Board's agenda at its meeting on June 1. If the review is positive, it will come back to the council.