BY JOHN SNYDER
OF PASCACK PRESS
EMERSON—Nearly two months after the death of the owner of several area Wendy’s franchises, an attorney for his company has withdrawn his application for a Wendy’s at Old Hook Road and Main Street.
Dozens of neighboring Westwood residents had opposed the drive-thru restaurant. The applicant on June 26 sought parking, setback, and signage variances in plans to demolish a vacant two-story office building at the plaza and rebuild.
At public meetings here and in Westwood, and at protests on their lawns with the proposed site looming before them, residents said the restaurant—open until 2 a.m.—would greatly reduce their quality of life.
The Westwood Borough Council was moved by the outcry, particularly over noise, odor, light, and traffic concerns, and resolved to spend up to $5,000 to pay for its attorney, planner, and engineer to review plans for the restaurant.
Westwood residents were set to press the fight at the Land Use Board meeting of Dec. 6, but in a letter dated Nov. 28, Carmine Alampi, representing Wenesco Emerson LLC of Englewood Cliffs, notified the body that the application, for 411 Old Hook Road, was voluntary withdrawn—and that they would not appear.
Westwood resident PJ Sambogna told Pascack Press, “We stopped him as of now putting in a fast food restaurant. We now have to have them change the ordinance and Emerson.”
According to Ira Weiner, the objectors’ attorney, “We didn’t feel this was a good spot for that use, with an outdoor drive-in. And when people are upset and they get together, sometimes they get a good result like they did here.”
He said that in addition to defects with the application—which included errors in notifying all concerned, exposing Emerson to liability—the requested variances were short-sighted.
Weiner, a member of the Board of Directors of the New Jersey State Bar Association Land Use Section, said credit is due to Westwood leadership.
“Communities fight each other over bigger issues sometimes, but when it’s just because there are a few residents—well, a number of residents—at that part of it, that takes courage, some political courage. I give the Westwood Council credit,” he said.
Weiner said Nov. 29, “Developers often are only worried about their own development. They don’t really think about the surrounding area. And I understand it’s a commercial area but there are homes across the street. They didn’t really consider all the aspects,” he said.
Land Use Board Chair Gary Schwinder said he had heard from Emersonians who would have liked having Wendy’s at the plaza.
He also noted the landlord has been trying to fill the vacancy for years.
“We don’t like to see vacancies in Emerson. We would prefer that the investors in Emerson real estate reap the benefits of their investment. I understand both sides here. But it is what it is: they’ve pulled, and on to the next project,” Schwinder said.
Strength in numbers
Westwood residents who turned out to the Aug. 21 Westwood Mayor and Council meeting to complain about the variance requests just across the town line initially rebuffed a suggestion that they hire a lawyer, instead urging the governing body to go to bat for them.
They included Hei Stephen Chan and his wife Hilda, of Main Street; Sambogna, of Main Street; Rick Sipala, of Old Hook Road; and Luam Qualliu, of Bergenline Avenue.
“Just because you can build it doesn’t mean you should,” agreed Council President Chris Montana.
Mayor John Birkner Jr. explained he was concerned that there be an adequate buffer.
“The only buffer is the yellow line painted down the middle of the street. I personally would oppose most of what Wendy’s is trying to do,” he said.
From the start, Wenesco appeared open to compromise, at least twice revising its plans. It did not back down from its plan for a drive-thru.
At the Oct. 18 LUB meeting, Alampi noted variance requests were scaled back, including the elimination of seasonal outdoor dining.
“Why trigger a variance of that caliber? We thought it would be a festive look, but maybe we were wrong, so we removed that feature,” he said.
He also said limiting the parking demand from 13 additional spots to three was a win.
“I guess everyone would say that’s a significant improvement,” he ventured.
And of signage, he said, “Poor Wendy, she lost one of her cameo signs, so she’s out.”
Alampi, hammered Oct. 18 by Weiner’s critique of the application, said the company would properly notify all in the zone and amend other formalities.
He did not reply to a message Nov. 29 seeking comment on the application’s withdrawal.
‘He loved the business…’
Applicant Leon Magnes, 73, of Cresskill, a U.S. Navy veteran, died Oct. 2 following a brief battle with cancer.
He owned 14 Wendy’s franchises in the tri-state area, six of them within seven miles of town. The nearest two are in Hillsdale and Paramus.
His obituary noted, “He loved the business and worked hard to make them successful. He spent much of his free time supporting and organizing charitable events in the communities where his stores were located. He was the recipient of numerous awards and honors including being inducted into the Wendy’s Hall of Fame.”
He was remembered as always willing to help anyone in need.
Survivors include his wife Phyllis, daughter Cindy, son Lonnie, son-in-law Stephan, daughter-in-law Kara, and grandchildren Alexa, Ryan, and Emma.
Services were Oct. 5.