Morris Plains Planning Board Faces Legal Debate Over McDonald’s Drive-Through and Ordinance Amendments

The Morris Plains Planning Board recently engaged in a significant and complex discussion about the legal interpretation of local ordinances concerning drive-through restaurants and truck weight restrictions, as well as the potential implications for future applications. This debate arose in the context of a previously approved McDonald’s project, which has highlighted concerns over safety, traffic, and the enforcement of borough codes.

The meeting’s most issue centered on the legal and logistical implications of the McDonald’s drive-through project, approved in December 2024, which has sparked ongoing debate within the community. Carolyn Bennett, a resident of Dayton Road, addressed the board with concerns about ordinance 14-2023. This ordinance, which was recently amended by the Borough Council, now prohibits drive-through restaurants in the downtown Plains’ B2 zone. Bennett expressed her appreciation for the council’s action, emphasizing that while the amendment will not retroactively affect the McDonald’s approval, it will prevent similar future developments that might overlook safety and traffic considerations.

Bennett also raised important concerns about truck weight restrictions on streets such as Dayton Road, Canfield, Mountain Way, Silven Drive, Trow Ridge, and Washington. She noted that trucks over four tons are prohibited on these roads, yet the McDonald’s location on Speedwell Avenue includes an egress onto Dayton Road, which conflicts with the restriction. Bennett questioned the approval process of the McDonald’s application, asking why a variance was not deemed necessary, and stressed the lack of clarity in the borough’s code regarding deliveries to the site. She highlighted that this ambiguity left her previous concerns seemingly unaddressed.

The board engaged in a discussion about the interpretation of the borough’s code. One board member clarified that the prohibition on using certain roads fell under general police powers, which cannot be modified by the board through a variance. The debate extended to whether the ordinance pertains to deliveries made to addresses on the specified streets or deliveries occurring on those streets, regardless of the destination’s mailing address. The board acknowledged the ongoing legal aspects of the McDonald’s application, which is scheduled for trial and will involve oral arguments and briefs from both sides, potentially clarifying the ordinance’s interpretation.

Further complicating matters, a participant queried whether the focus should be on the physical location of properties or their mailing addresses when considering the ordinance. Concerns were voiced about the safety implications of large trucks using roads frequented by children and residents. There was a call for a review of safety implications by one board member, who expressed discomfort with approving applications that might force delivery trucks onto unsuitable roads.

In a related development, the council had unanimously passed a new ordinance on the previous Thursday night to remove drive-through restaurants from the B2 zone. The planning board is set to review this ordinance to ensure it aligns with the master plan. The board’s recommendations, based on this review, will be critical in shaping the future landscape of the community.

Another discussion during the meeting included the review of application PB-1-25 concerning Rivian LLC on Speedwell Avenue. The board confirmed the application’s completeness, allowing it to proceed to public hearings.

Additionally, the board addressed administrative matters, approving several purchase orders for legal services related to ongoing litigation and administrative tasks.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
Jason Karr
Planning Board Officials:
Steve Augenblick, John Bezold, Frank J. Druetzler, Ron Kelly, Suzanne McCluskey, Marianne Steckert, Michael Garavaglia, Cathie Kelly, Karen Coffey (Board Secretary), William Ryden (Borough Engineer), Elizabeth Leheny (Borough Planner), Andrew Brewer (Board Attorney)

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