Planning Board - Regular Meeting

Oh, he's ready. Okay.

All right. Thank you. Hi. Good evening, everyone. This is a regular meeting of the zoning board of adjustment for Wednesday, January 21st, 2026. Notice has been given in accordance with the open public meetings act by posting a copy of the notice on the first floor of the municipal building and sending a copy to the Montlair Times, Star Ledger, and Herald News. This is a public hearing in which any members of the public are welcome to attend. The meeting agenda is available on the Montclair website as is a link to the township's YouTube channel where the hearing can be viewed live or after the fact. The hearing is also being televised on channel 34 and we have some changes to the agenda to announce tonight as well as some application updates. So, um, application number 2932 for 120 W Avenue with applicants Janelle Singh and Noi Singh Sandu has been postponed to February 4th, 2026 at 700 p.m. without the need for further public notice. Additionally, application number 29442 24 William Street, applicant Dmitri Charles has been postponed to February 18th, 2026 at 700 p.m. without the need for further public notice. Application number 2952 for 629 Valley Road applicant Tiger Pacific Realy LLC has also been postponed to February 18th, 2026 without the need for further public notice. And then just a general update for application number 2937 for 88 South Mountain Avenue. Um that application has been withdrawn. All right. And I will call the role.

Chair McCull present. Vice Chair Simon here. Mr. Cfield here. Mr. Church here. Miss Harris is not present. Mr. Moore is not present. Mr. Vieiraa here. Miss Grant. Mr. Griffith here and Mr. Cruz is not present and Mr. Sullivan here. Okay. Thank you. Okay. Thank you. So, I'll call upon Mr. Sullivan if you'll preside over the um election of the chair. So, first order of business is to elect a chair for 2026. Do we have any nominations? Nominate Mr. McCulla. Any other any other nominations? It's a new year.

It's a new year. It's a new year. I thought we did that earlier. That was just a Okay. Um I'm hearing no further nominations. Mr. Simon, that's a motion to nominate Mr. McCulla as chairman for 2026. Is that correct? Correct. Mr. Church, you seconded that. Uh yes. Yes. Okay. You can do all in favor. Okay. All in favor say I. I. All opposed. Any abstensions? Okay, Mr. Chairman, it's all yours. All right. Thank you. Uh, now we'll move to the election of vice chair or the nominations for vice chair.

I nominate Mr. Simon. Second. All right. So, we have a motion to uh for Mr. Simon to serve as vice chair. We have a second. Are there any other nominations? All right. Uh hearing none then we'll call for a vote. All in favor say I. I. I opposed. [clears throat] Any abstensions? Abstain. All right. Uh then uh we have a election of secretary and assistant secretary. Uh those are pretty much standing. Um I um uh planner tally recommended that I be secretary for this board and she be assistant. So we'll do a reverse order. Okay. All right.

You could do it as one single motion. Yes. All right. [snorts] All right. So, we'll do that. We'll nominate uh uh Zanab Kazmi to be secretary of the zoning board and uh uh Janice Tally to be assistant secretary. Um second. All right. There's a second. All in favor say I. I. All opposed.

They are duly elected. All right. I think um I just take uh the privilege on behalf of this assignment and the other officers to simply thank the uh board for your confidence and for your support in our leadership. We look forward to working with you this year. All right, we'll turn next to the uh approval of minutes uh for the December 17th uh meeting. Um I reviewed those. I don't have any uh changes to those minutes. Does anyone else have changes to the minutes? Hearing none. Is there a motion to approve the minutes? Mr. Chairman, I would make a motion to approve the minutes as presented. Thank you. Is there a second?

Second. All in favor say I. I. All opposed. Any abstensions? All right. And we have, I think, three abstensions, I believe. That's what I heard. Okay. Noted. Thank you. [laughter] Okay. Uh then we uh we have a resolution to retain Neglia engineering as our board engineer. Um this was uh postponed I think from our December meeting if not was there any change to that that we need to be aware of?

Right. So the um resolution was postponed um because the rates proposed were incorrect. So the current rates in this resolution are the same as 2024 and 2025. And I think uh maybe some of the members of the board were not aware that when we originally uh elected them to serve um it was for was it a three-year period or it was a one-year contract with the option to renew for up to four years? Up to four years. A fiveyear option contract. Okay. So it's a it's a fiveyear option. Okay. So, we're now into year.

This is this would be the third, right? Year three. Okay. All right. All right. All right. Are there any I don't have any uh corrections uh to the uh to the resolution. Does anyone else I have a question. Yes, please. Didn't we have a discussion about Megalia about the way they submitted their uh reports? Have they corrected that? Uh the planning department does believe that the reports are less um lengthy, a little bit more succinct. Okay. Um but if if you feel differently, we can have a disc. Well, no, I don't feel different. I just want to make sure they corrected because I remember that that we had that.

My understanding is there was a discussion with them and that they have um how do I say this? Uh reacted accordingly. Okay. It's still junky, but I mean, if it's a fiveyear contract, if I last another three years, it's not the goal is not to be as ownorous and you know, but there's better. So, we'll just stick with them at least for this next year and then there's an option at the end of the that next year to continue or not. But we're but we're on we're on the record as saying that they have amended that uh verbosity verbosity that they used to have.

I [clears throat] would say the planning department has noticed a difference and the planning board has also agreed to extend their contract and some of the concern was also [clears throat] coming from that board. So, um,

um, so can we get a a sentence added to the contract to that effect? And it's not just being more succinct. I think it's being more uh, I'll say reasonable, but there's a better word for it. You could interpret the code many ways. Um, and for instance, in my neighborhood, one of my neighbors had water in their backyard and they wanted to get out and the engineer came and showed it, well, you could drain it right to that manhole in the middle of the street. And I looked at him, I said, "You got to be kidding. Nobody drains to the manhole in the middle of the street. You gravity drain to the street." And that's two different ways of doing solving the same problem. And I'm not I'm kind of concerned that these guys are taking the more expensive route. Um, and I don't know how to get something in their contract to where they

I mean, that's going to be so subjective. My my suggestion is going to be maybe again ask the planning department to reiterate the board's concern. Um and if you don't see a difference as these reports come in then we rectify for next year. That's what I think we should do. Yeah. There could be a way of saying of using the word value that they consider value of the of the work. Um but there's lots there's a lot of different ways and anyway. All right. Thank you. I I can't well there I mean there will be an opportunity um to to um consider uh other potential vendors. Uh so that's part of the the process.

Well actually that's that's a good point. What is the review process? Are we involved at all? Yes, you will be a representative in that meeting in which in which [laughter] funny you should ask.

All right. So that that is an open process in which in which um there is an opportunity for um a variety of firms to uh present their credentials and interests in in serving in this capacity for the township of Montlair. Uh and um so uh you'll be part of a process to give a very thorough vetting okay of the candidates. You'll be meeting you'll receive the materials in advance so you can study them. you'll you'll meet the actual candidates uh in the meeting u be able to pose all kinds of questions to them um and go from there. Okay. I'd be happy to help you.

Yeah. Yeah. I'm [clears throat] sure you guys can part of the work I do every day. So I'm familiar with we have a year Okay. So that that could come up towards the end of this this calendar year if there's an agreement between the zoning and the planning and the planning office. Okay. Okay. To move in that direction. Okay. All right. All right. Um, did we vote on this resolution? No, we have to. So, um, is there a mo is there a motion to approve the resolution? I'll make that motion. All right. Is there a second? Second. All right. All in favor of the resolution, uh, indicate by saying I. I. Opposed?

I. And any abstensions? Okay. So there note that there is one uh vote in opposition. All right. We'll move then uh to uh old business and uh we have a request um for an extension. Uh do you want to speak to that?

Yes. So, this is for application number 2912, which we reviewed and approved last February [clears throat] for an expanded garage at the site at 140 Bordon Avenue. I believe due to construction costs, whether you know uh interest rates, they decided to delay a little bit their um improvements. So, they are asking for a one-year improvement. They intend to start work this spring. Um so if they are approved they will go ahead with that. Okay. Are there any questions or concerns about uh this request? Would someone make a motion to approve the request as motion to approve? Is there a second? Second.

All in favor say I. I. All opposed. Any abstensions? It is approved. All right. Um, is there any new business to be brought before us? Uh, hearing none, then I'd like to um ask that uh we move into an executive session um to hear a report from Mr. Sullivan. Uh and uh after that we'll reconvene um to take an action as may be necessary.

Yeah, I have a brief report, but in order to go into confidential we have to uh adopt a resolution. So this is be it resolved by the board of adjustment of the town of Montlair in the county of Essex and state of New Jersey as follows. Whereas it is necessary for the board of adjustment of the township of Montlair to discuss matters relating to pending litigation uh reontair township board of ed v. Township of Montlair at al superior court of New Jersey Essex County Law Division docket number ESX and I will give you a copy of this. L-8305-23 and issues falling within the attorney client privilege in which confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer which matters are permitted by section 7B of the open public meetings act chapter 231 of the public laws of the state of New Jersey for 1975 and whereas the board of adjustment has determined that it is necessary in the public interest that this matter be discussed in closed session now therefore Be it resolved by the board of adjustment on this 21st day of January 2026 that the board now go into close session and the public be excluded and that the board believes that the discussion conducted in the closed session may be disclosed to the public after final disposition of the litigation including any and all appeals or when confidential confidentiality is no longer required. So someone needs to make a motion.

Is there is there a motion to approve the resolution? I'll make a motion. Thank you. Is there a second? Second. All right. Someone just make sure that Rick has the right. All in favor say I. I. I. All opposed questionions. Is this concerning the baseball field?

All right. We've uh reconvened. Um is there a motion to adjourn our meeting for this evening? Is there a second? Second. All in favor say I. I all opposed. Have a good Have a good night. See you on fourth.