Fair Haven Approves Dunkin’ Application; Resident Files Lawsuit

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By Allison Perrine

FAIR HAVEN – Months of debate came to a head as the borough planning board approved a Dunkin’ coffee chain in the River Road Shopping Center.

The approval was delivered in a 7-2 vote at the Tuesday, Aug. 20 meeting. “No” votes were cast by planning board chair Todd Lehder and councilwoman Betsy Koch, planning board liaison.

Much of the conversation that night centered on revised site plans for the shopping center to address traffic and safety concerns raised by board members and residents. One idea, presented by borough traffic engineer Betsy Dolan, was to turn the eastern driveway into a right-turn-only lane but it was ultimately rejected.

The planning board’s decision follows determinations by the zoning board and the zoning officer that the Dunkin’ establishment is a category-two restaurant, making it a permitted use in the borough’s B-1 zone. Objectors have argued it should be considered a category-three restaurant, or a drive-thru, which would deem it a non-permitted use in the zone.

A lawsuit filed in county court in late July by nearby resident Andrew Reger challenges the ruling made by the defendant Fair Haven Zoning Board. Also named in the lawsuit is Fair Haven Retail, LLC, owner of the River Road Shopping Center.

At one time the borough had an ordinance banning fast-food establishments in Fair Haven, but it went missing during a recodification process in 2002. The borough is now working on a new ordinance to specifically ban drive-thru restaurants.

When asked about his feelings on the planning board’s decision, Mayor Benjamin J. Lucarelli said he was pleased that the matter came to a conclusion and that the planning board did an excellent job of exercising a democratic process.

“Everybody who wanted to be heard was heard,” the mayor said. “The process worked and it worked well.”

Others, like resident Tracy Cole, were unhappy with the outcome, citing traffic impact concerns.

“I think congestion on River Road may force commuters to seek alternate routes through the residential neighborhoods at the same time of day our kids are going to school on bikes and walking,” Cole said.

Cole also said she fears patrons will park on the opposite side of the road and run across to get to the shopping center, which can put them in danger of being struck by a vehicle.

“It might be time for Fair Haven to figure out what it wants to be because we thought we were going to be a small town,” a biker-and walker-friendly area, she said. “But it seems at least some people, in particular the mayor, have a different plan in mind.”