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KFC resubmits drive-thru application
(by Erin Patricia Griffiths - June 11, 2008)
For some, KFC’s proposal to the Hillsdale Planning Board for a drive-thru at their Broadway location is all too familiar. The board has been reviewing applications for the establishment with a drive-thru since 2000, and it has been met with controversy every step of the way by residents and local competitors. The current application for the proposed window, awning, and menu board was brought before the board at a meeting on Wednesday, June 4.
In 2000, the planning board reviewed an application for a proposed KFC establishment with a drive-thru. After being approved by the board, a competitor appealed the decision in a higher court, which led to the reversal of the approval by Judge Jonathon Harrison.
Again, KFC appeared before the board to propose the project without a drive-thru. On Dec. 16, 2003 the board approved the plans, but again the competitor filed suit in a superior court law division challenging the accuracy of the proofs submitted with the application. The board’s decision was overturned after Judge Harris also found reason to question the proofs.
The plan was reworked and a new application filed again for a 3,150 square foot KFC with ingress and egress onto Broadway as it stands today.
The newest application has been filed for a drive-thru window with Gail L. Price of Price, Meese, Shulman, & D’Arminio, P.C. representing KFC. In proposing the drive-thru, Price explained that the application is motivated by several factors, but first and foremost by the significant under-performance of the restaurant. She expressed to the board and public that “having the drive-thru would be a complement to the existing restaurant usage.”
According to Architect Thomas V. Ashbahian, the proposed window is approximately five by five feet and would not change the inside of the building. Additionally, the window would require an awning that resembles those located around the exterior of the building.
The civil engineer, Richard Eichenlaub of RL Engineering Inc., said 85 linear feet of curbing would need to be moved back six to eight inches to allow for cars to pass one another in the lot. Additionally, some landscaping would have to be relocated to allow for the widening of the lot. Eichenlaub will complete his testimony at the next meeting.
The lot falls within both a residential and commercial zone, and residents have expressed opposition to the proposed drive-thru, claiming that it would infringe on the residential aspect of the property and the adjoining lots where the KFC is located. Additionally, Harold Ritvo, board attorney, raised the question of whether or not the principle of res judicata is applicable to this application. Res judicata is a legal term that states that once an application has been presented to completion and a resolution has been made on said issue, it cannot be brought before the board again for consideration, unless significant changes to the proposed application have been made. The board has not waived their jurisdiction to invoke res judicata, but will make the decision concerning whether or not the application is significantly different from the previously rejected proposal after having heard the testimony of Price’s witnesses.
Testimony for the application of the drive-thru window as well as the opportunity for public comment will resume at the next meeting of the planning board on Wednesday, July 2 at 7:30 p.m.
Erin Patricia Griffiths' e-mail address is GriffithsE@northjersey.com.
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