The proposal to build a new McDonald’s with a two-lane drive-thru in a New Jersey town has left locals residents grimacing.
A group of Morris Plains residents has filed suit against McDonald’s, the local planning board and the property’s owners seeking to block the restaurant on Speedwell Avenue.
The lawsuit filed March 6 in Superior Court in Morris County seeks to overturn the board’s Dec. 18 approval for the project.
McDonald’s plans to build the new restaurant where a Friendly’s restaurant once stood, according to court papers.
But 13 local homeowners argue the larger McDonald’s project with two drive-thru lanes will create serious traffic and safety issues in the area.
Representatives from McDonald’s and the Morris Plains Planning Board did not immediately respond on Wednesday to requests for comment.
The site plan does not adequately account for increased vehicle congestion, particularly along Speedwell Avenue and Dayton Road, where large delivery trucks may violate local weight restrictions, according to the lawsuit.
“The McDonald’s project will significantly increase traffic and create safety hazards for pedestrians and local drivers,” the lawsuit states, citing expert testimony that estimated the site would generate about 710 vehicle trips daily.
The residents also argue that the traffic study conducted by McDonald’s was flawed, relying on limited data collection and failing to include real-world comparisons with similar fast-food locations.
In addition to traffic concerns, residents claim the planning board improperly waived the requirement for an Environmental Impact Statement.
The residents argue that McDonald’s failed to provide adequate data on air pollution, noise and odor on nearby homes.
The planning board violated procedural rules by improperly limiting public participation in hearings and restricting cross-examinations of McDonald’s experts, according to the lawsuit.
Those who had contributed to a GoFundMe campaign opposing the project were prohibited from asking questions, the lawsuit states.
A conflict-of-interest claim is also included in the lawsuit.
Residents allege that planning board member and borough Councilwoman Cathie Kelly should have recused herself from voting due to statements she made in a campaign video posted on social media.
The video, posted while the application was pending, appeared to express support for economic development in Morris Plains, which the residents argue indicated bias in favor of the McDonald’s project.
Kelly told NJ Advance Media on Wednesday that she sought advice from attorneys who told her she did not have to recuse herself from voting on the project.
“I don’t agree with what they’re doing,” Kelly said of the homeowners who are suing. She declined further comment.
Despite an initial 4-4 tie vote that legally resulted in denial of the application, the board later adopted a resolution approving the project, a move the lawsuit claims was improper and unlawful.
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Anthony G. Attrino may be reached at [email protected]. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.