Council looks to stop Ryders Lane Wendy’s

Ordinance would take Wendy

By sandi carpello
Staff Writer

By sandi carpello
Staff Writer

Due to relentless opposition from area residents, the Milltown Borough Council has impeded a proposal to build a Wendy’s restaurant on the site of the Ryders Lane Farm Market.

The council unanimously introduced an ordinance Monday that would prevent fast-food restaurants from being constructed on a lot that is zoned as partially residential.

The site in question is partly in a residential zone. The other part is in a commercial zone.

"The council listens to residents," said council President Mike Skarzynski. "We cannot ignore 500 signatures from residents opposing the Wendy’s proposal."

At a Planning Board meeting Sept. 3 — the first time testimony was heard on the Wendy’s application — many residents who live on or near the proposed site at Blueberry Drive and Ryders Lane voiced opposition to the plan that would replace the longtime fruits and vegetables market, and construct a 3,140-square-foot, 90-seat restaurant.

Blueberry Drive resident Kevin Kelly obtained 500 signatures on a petition opposing the Wendy’s. Residents in the vicinity said building a fast-food restaurant on the site would have a negative effect on the neighborhood’s quality of life, prompting offensive odors, rodents and spillover lighting, and heightened traffic and safety concerns.

"The ordinance will protect our quality of life," Kelly said of the council’s action. "Very few people were for the project. Hopefully, [the ordinance] will be passed."

The council is expected to vote on its adoption following a public hearing at its Sept. 23 meeting.

"Wendy’s [proposal] en-croaches into a residential area," said Vivian Morris, of Blueberry Drive, who made a detailed presentation against the proposal at the Sept. 3 meeting. "A fast-food establishment will have a negative impact on the neighborhood and township."

"The area is already congested, and we need to protect [Ryders Lane] from becoming a Route 18," Skarzynski said.

Wendy’s representatives testified before the Planning Board at the Sept. 3 meeting, presenting the site plan. Due to several complaints from residents and board members, the board asked the applicant to modify certain aspects of the site plan in time for the board’s Oct. 1 meeting.

If the council adopts the ordinance Sept. 23, the applicant will not be able to present testimony at the October board meeting, said Planning Board Attorney David Himmelman.

The applicant, Himmelman said, would then have to go before the Zoning Board of Adjustment and apply for a use variance. If the use variance is granted, the applicant could then present its site plan to the Zoning Board for approval.

Wendy’s attorney Henry Kent-Smith of Saul Ewing in Princeton said he was disheartened to learn of the council’s action this week.

"I think it is tragic, the way in which the council is treating Joe Broxmeyer [owner of the Ryders Lane Farm Market], one of the borough’s most upstanding citizens," he said.

He said the ordinance was geared solely to prevent the application from moving forward on the Broxmeyer property.

"They are treating Mr. Broxmeyer like a criminal," Kent-Smith said.

However, Himmelman said the council’s action is legally permitted under state law.

Kent-Smith said he was unable to comment on the future of the application.

Joe Broxmeyer would only say Wednesday, that he was unaware that the council had taken action on the matter.

Skarzynski said the ordinance will be open for public comment at the Sept. 23 meeting.