The idea of allowing municipalities to extend the outdoor dining that had helped the state’s restaurants survive the Covid 19 pandemic got a specific additional boost when in early August, NJ Governor Murphy signed S-2364, that, until 2024, allows businesses in towns that permit them to file an application with a municipality’s zoning officers to extend their dining and drinking areas outdoors onto patios, decks, yards, walkways, parking lots and public sidewalks. Click Here for the NJMG story on the new state legislation. A week later, Teaneck’s Council’s decided to try again at the August 9 meeting. Click Here  to see the newly-revised ordinance as Introduced.

But as the Planning Board gave the revised ordinance very careful scrutiny for a full hour on Thursday night 8/25, it became increasingly clear that the Board members in attendance overwhelmingly found serious fault with the new version’s provisions concerning pedestrian safety, provision for snow management and parking impact and particularly the fact that as the specifications were written, most Teaneck eating establishments would never be eligible for those outside café and parklets certificates. One Board member asked if any other area but the stretch on West Englewood from Queen Anne to Palisade would meet the requirements. No one in attendance could name another locale.

There were other anomalies that helped reinforce the Board’s initial skepticism about the revised ordinance. The explanation of the Ordinance was not, as is routine, provided by a Town planner. There was no planner’s report on the ordinance. And no planner was there at the PB meeting to field any questions. Board member Stern indicated that not having a planner to answer his many questions would cause him to abstain when the Board voted.  Deputy Mayor Schwartz was absent. In his stead, Councilman Kaplan provided a brief introduction to the ordinance but soon demonstrated his limited understanding of it when asked specific questions. Voices readers who have the time can Click Here to observe the Town’s video and see how a land use board which for several years has consistently supported literally everything the Council majority has asked it to approve suddenly embraced an unambiguous motion to find this Council-proposed ordinance inconsistent with the Master Plan.

The vote to find the ordinance inconsistent with the MP received support from Board members Bodner, Zomick, Thompson and Ramos Reiner. Board member Lowe was the single vote against the motion. Member Stern abstained. Absent were members Schwartz, Parker, Kohn and alternates Hashmi and Greene.

So what happens now? Consistent with NJ Statute 40:55D-31, Council had referred the ordinance “to the planning board for review and recommendation in conjunction with [the} … master plan” The statute goes on to specify that the Council “shall not act thereon, without such [PB] recommendation or until 45 days have elapsed …without receiving such recommendation.” The Board briefly considered NOT making any recommendation, but then did so when Chair Bodner made the motion to say no.

Council is not bound by statute to accept the Board’s decision. The Council had specified in the Introduced ordinance itself that it would not hold a scheduled hearing or vote on this Cafes and Parklets plan until the September Council meeting.

Will Council move to quietly table the ordinance – at either the meeting on Tuesday 8/30 or at the 9/30 meeting? Or will it actually push ahead to create a process that apparently only one block of eating establishments can benefit from. Watch This Space.