Planning Board - Regular Meeting

We have you sitting here. Great. Thank you. Are we on, Janice? Uh, yes.

All right. Good evening everyone and welcome to the April 27th, 2026 regular meeting of the Township of Monontlair Planning Board in accordance with the New Jersey Open Public Meetings Act, chapter 72 of New Jerseys public laws of 2025 and amendments to section 12 of the Municipal Land Use Law. Adequate notice of this meeting has been provided by posting a copy of the notice on the first floor of the municipal building, on the township of Montlair's official internet website, and on the statewide legal notices listings of the state of of the New Jersey Department of State. This meeting is being broadcast live on channel 34 and is streaming live and will be available on demand on YouTube. This meeting is a quasi judicial proceeding, meaning that the board has powers and procedures resembling a court of law, and we are obligated to objectively determine facts and draw conclusions from them in order to provide the basis of an official action. Any questions or comments must be limited to the issues of what the board may legally consider in reaching a decision, and the decorum appropriate to a judicial hearing must be maintained at all times. The fire exits are on my right, which is your left, and also at the back of the room where you likely entered. And as to the order of the evening, each application hearing begins with the applicant or their attorney giving an overview of the application and the variances that are required, if any. We then hear from expert witnesses. The applicant may have to help explain the application and why variances are required. The board members may ask questions of the applicant, the attorney, and their expert witnesses. And if you're a member of the interested public but not a witness in the case, you'll have two opportunities to speak. At the end of each witness's testimony, you will be given the opportunity to ask the witness questions about his or her testimony. And that's not the time to tell the board what you think of the application. That actually comes later. And to ask questions of the witness, you'll come to the front of the room here, give us your name and address, and

then ask your questions related to the witness's testimony only. And after the applicant's witnesses, any objector or objector witnesses have been heard, at that point members of the audience will have their second opportunity to step up and step forward. And at that time, you may express your opinions, positive or negative, about the application. Comments are generally limited to three minutes per person. And then at the completion of the applicant's case and the public comment, then the public hearing is closed and the board members discuss the case and vote. And at that time, you'll be able to listen to our discussion, but you will not be able to participate. And next up is roll call. Mayor Baskerville, present. Mr. Forchoff, present.

Mr. Campbell, here. Councelor Damato, here. Miss Gaines, here. Mr. Graham here. I'm sorry. Counselor, Vice Chair Graham, sorry. Thank you. Mr. Ian Wallally here. Uh, Miss Willis here. Mr. Orbeea is excused. Miss Wallace here. And chair Brod, I'm here. Next up, we have the swearing in of our board professionals. Mr. Robully, you'll be doing the swearing in. Tell the truth, the whole truth, and nothing but the truth. So, help me God. I do. I do.

Great. Thank you. Next up, we have the minutes from the meeting of April 13th. And I know we distributed uh a re changes to the minutes with your comments, Keith. Are there any other changes? Uh just one small thing, Janice. On page four, um fifth paragraph down is the second sentence. Uh we say um he would like to see more density along Grove Street and express an interest in more missing middle surrounding commercial districts. Should that be um modestly priced housing or should that be middle housing stock? Um missing well missing middle housing is defined as modest price housing. We could put that in in in

parenthes. All I'm saying if it it just says middle surroundings. So it should be middle housing stock or should be more missing middle housing. Missing middle housing. I'm fine with that. More missing middle housing. Well, it should be not surrounding commercial districts or um near commercial districts. How about that? Near commercial districts in and near. Okay. Um, missing middle is not about the price of the building. It's I believe the term is used. It's about density, right? It was part of my my presentation though, so I think that's what he was supporting, right?

Did we spell your name wrong in the minutes? My apologies. And Mr. Corf's name, which you had put in your notes. And then about the voting box, does that go in after the resolution in the resolution as opposed to the minutes? The resolution? Yeah, we can add it, please. Yes, we just I I sometimes don't add the voting box, but if you want me to, we can add that. Which resolution do you want that for? Yes, please. You want all of them? I I don't seems like a good idea.

It's at you know if it's at your dis the board's discretion if you want to add because sometimes I don't call the names. So like maybe we should make a policy if there's a roll call then you have the voting box if it's all in if it's just an all in favor with no descent. Makes sense. Yeah. If it's voice vote. Okay. Yeah. Okay. All right. Does that work? Yeah. Okay. Because it's easier than writing it out actually kind of if it's if there are a couple of I think your mic went back off. If there a couple of yeses and nos, it's easier to read, right? If it's if it's a standard format. Yeah. Right. We can do that.

Any other changes? And I would move approval as amended. Second. All in favor? I opposed. Abstensions. All right. Next up, we have the resolution for the area in need of redevelopment for 619 631 Bloomfield A. And we had some minor changes to this resolution. Any other changes that that was dist they were distributed to the board. Is there a motion to approve?

Motion to approve as amended. Second as amended. All in favor? I opposed. Abstensions. Next is the resolution for the amended fourth round housing element and fair share plan. And we did have a number of corrections here. I think the most recent uh corrections I added today which they're distributed to the board members just to clarify the process and the dates upon which certain documents were submitted and to whom. Yes. So the subject is the same.

Yeah. But I think you know especially in this case it's good to get everything correct in our resolution. Exactly. Dennis, will you please read the one that you added for today, please? I didn't have a chance to Okay. see what was added today. It's on page four. Mhm. The fourth whereas on page four where it says whereas the township adopted the implementing ordinances and regulations and thereafter the township planning department incorporated the necessary aspects of the same into a and I got I crossed out proposed

I just said into a revised first amended housing element and fair share plan parenthesis I added the second amended h housing element and fair share plan, okay, dated March 3rd, 2026, which was submitted to the program on March 16th, 2026. That was the date that we were required to submit the amended plan. Okay. To the court. Okay. But we had not yet hadn't done that. The we hadn't yet done done the uh the public hearing on it. Yeah. Okay. Okay. No, I remember. Thank you. I just didn't have a chance. I apologize.

No, no need to apologize for that. It was today. And the only thing I changed that Janice that I circulated to the board was instead of program I just spelled out affordable housing resolution program. I think it's actually called the affordable housing dispute resolution program. That's Oh, is it? I copied what was above. So if that is the actual term. Yeah, it should be the affordable housing dispute resolution program. Okay. That we should change that wherever. Okay. that appears DP dispute program. Okay, it does say affordable housing dispute resolution program. I thought I copied it from somewhere, but we'll we'll just check and correct it as needed. Okay. Okay.

Is there a motion to approve the resolution? So moved. Second. All in favor? Opposed? Abstensions. Okay. Then next we have the resolution for the council referral to the ordinance to resend Elm new mission area redevelopment plan and amend the zoning map and ordinance and we had one minor a couple minor changes to this which uh chair distributed this weekend. Are there any other changes? Is there a motion to approve? Motion to approve as amended.

Second. All in favor? I opposed. I ask a question. I just a newbie question. I don't really understand the the dual rounds of votings on these resolutions and certainly people in the at home may not. Why if we vote twi if we're voting twice on them? What what is this about really? Explain it to me like like I was a journalist. Well, this is the language in the you already voted to approve. This is the language memorializing the language in the resolution. Okay. Just the language. But I I voted against this and I voted the first against the first one. And those votes will be recorded in this resolution with the voting box. Correct.

Well, I didn't do a roll call. That's why. So that's why we if you when I say all in favor opposed, if you say opposed, then we'll make that note. Wait, but the opposed vote here would be against the language in the resolution, not against but it's going to the resolution is going to indicate that I voted against the underlying resolution. Correct? No. Well, then why are we voting twice then I resend my if I if attorney Mr. Attorney if I may then my first I I thought we were just proving that the minutes is right. No, it's not the minutes. We're on the resolutions as well. So resolution A I voted against. So AR you need a redevelopment. Yes.

I voted against it as well. Yeah. So then you shouldn't technically be voting on the resolution. I thought we had a discussion. Yeah. Only those who voted in favor. Mr. Rully, can you make sure your microphone's on? There you go. Only those that voted in favor of the resolution will be voting for the memorialization of the resolution. Okay. I did not vote for it tonight. And the minutes say that you did not that you did not vote for the resolution. So that's in the minutes. So then I'll abstain from the resolution as well. So those those people who did not did not right vote for the res should just abstain from memorializing. I thought we were just approving because that is what happened. But that's fine. I'll So the resolution has has no record that the board was divided. Not the resolution. No,

no, since that's the votes in the minutes. minutes do. That's what we were discussing. Well, the fact that other people didn't really know makes me feel good.

Okay. And then, but for is your is your microphone on as well? For Elm Street, the therefors are not that we approved it, it's that we found it not to be consistent in the Elmmont. So, actually, not Wait, no, we're I think we're talking about um not a different one. Yeah, we're um we were talking about Bloomfield 619 631 Bloomfield Avenue, right? We're talking Bloomfield Avenue, but if you had a question, Miss Wallace on the Elm new mission.

Yeah, I'm okay. So the just the for everybody the general process is we we make a decision at at the you know initial meeting. So we we make a decision and then we memorialize that later with the very specific language you know if it's a application you know it spells out very clearly right how we approved it under what mechanism of the law but it doesn't have a roll call in the resolution itself. It's just board approved or board did not approve or but I should not I should not be voting for a resol resolution memorializing a motion that I voted against in a previous meeting

assuming that the rest of the board or the board overall voted in favor. Yes. Okay. Just let me add to that too. If you had a negative one that when we approved the rather we didn't vote against it. You're saying that this is what the board agreed to. I didn't know where to vote. Well, no, no. It's it's it's memorializing the action the board took. So the board thought it was so correct to say yes, this is what happened for it or against it. That's it's sort of like a set of minutes basically that tells

Yeah, in a way it's but it's very particular to that hearing or at that application or that item on the agenda. But yeah, if if somebody's not in favor of it, whereas the board was, then that person shouldn't be voting on the resolution, even though you could see it as just, you know, agreeing that's what happened. I think that's technically the case. And then Mr. Raboli was going to give us some other guidance as well,

right? As I indicated, only those that voted in favor of it should vote for its memorialization. And just in case because I think you may have been going down this road. If you have something where the vote is a negative vote, for example, you disappointed in the application and you vote 70 to deny the application. Okay? That's a majority vote. And so it would be memorialized even though it's even though it's a denial. All right? All you would be able to vote in the memorialization of it. If you voted five to two to deny something, then the five who voted to deny it would be there for the memorialization of it. So basically the majority. Okay. Okay. Thank you.

You should ask these questions. I'm glad you do because if you have the question, other people have the question. So please continue to ask questions. Um okay. So did we get through all of our resolutions then? We did. Okay. Okay. Was it 14 Miller? I didn't see 14 Miller wasn't on here. Oh. Oh, just just a minute to show that. Okay. Correct. Correct. Cuz that's one that I'm watching out for cuz I didn't vote for it. So, I cannot participate in approving the resolution. I have another question. Sure, please.

So, resolution C, which I don't have in my I didn't get it in my packet, is a resol is the second council. We're voting to memorialize our approval of their R or whatever the council's overriding of our previous re recommendation. Correct. Basically, the the charge for the planning board is to determine whether or not the change is consistent with the master plan. So, this is the report to the planning board uh to the council from the planning board as to whether or not it's consistent.

And we said it wasn't. We the resolution said it in in it's consistent with the spirit of the master plan, but it's technically inconsistent, right, with the master plan. That's what it says, right? Which which I mean, so where does that leave us on that one? I don't I just don't recall coming up to this conclusion on Elm. Are we on Elm now? We are talking about Elm. Yes. I'm just saying I don't I don't The only affirmative thing I see is that we notify property owners.

That was our So, we're when it's a council referral, it's a uh, you know, our job is to, as Miss Tally said, identify whether that action is consistent or inconsistent with the master plan and then we have the opportunity to suggest anything else we like that we think the council should know or take into consideration as they move forward with their legislative process. I think it's pretty it does it is pretty accurate. It says the board was conflicted sentence number two was with regard to the consistency with the master plan and found and number three to be not inconsistent with the spirit like you said. I think that's pretty much the and is that enough because that's not really a yay a yes or a no. It's

I think basically all it is is an accurate submission to the council as to what the sentiments of the planning board are. Okay. I didn't know if we had to do a more like these other ones we had to vote yes no. This one we did not. No. Got it. That's what I was confused about. Yeah. Let me add something because you're going to see that later on tonight with regard to the Buzz Aldrin school. Okay. So,

your vote is merely advisory. It's not binding. Like when you have an applicant come before you, when you decide substantively they're either able to build a property or not build the property. With regard to these reporting on consistencies, it's advisory. Good. Okay. All right. And with that, we will get to the Buzz Aldrin School Capital Project review.

Good evening. I have slightly updated uh packets. Can I pass them around, please? Thank you.

Thank you very much. Oh yeah, this is nice. Thank you. Thank you. Thank you. A small a couple, Mr. Chairman. Mr. Chairman,

sir, if if I may be of assistance before the applicant begins, just as I was saying before, you're sitting here in advisory capacity, and I'll I'll note for the record how this comes before the board. So under the municipal land use law uh NGSA 40 55D-31 is review of capital projects and it's whenever a governing body or public agency is looking to you know build something um it comes to the planning board for a review and recommendation in conjunction with the master plan. If you have a master plan you have to review this for consistency with the master plan. with regard to certainly educational applications. These matters have been reviewed through the uh state department of education. And so again, you know, you hear and you make a recommendations. You could do anything you like in terms of recommendations, but at the end of the day, remember, it's purely advisory, okay? And your real focus, what you're only really supposed to be doing is review and recommendation in conjunction with the master plan. So although you may have other comments, you may say, "You know what? You should move the swimming pool to the left or any anything like that." Clearly, nobody's going to stop you from doing it, but your role is very limited with regard to your your statutory purpose is to just opine on consistency with the master plan. And as you can see, well, I don't know, neither one of you are the board attorney, correct?

Okay. So typically again in a regular application you would have uh a person represented by council. Here generally speaking the board of education sends down the architects. They don't pay the attorney to come for the very reason that again it's going to be an advisory opinion and there's there's not meant to be any jousting. Okay. Sounds do we need to swear them in? We should still swear on the witnesses. Okay. And I'll do that if you both of you raise your right hand. carry mic. I apologize again. All right. Actually, I'm going to do it one at a time because we need your name on the record. So, let's begin with that. Curtis Ross. Okay. Can you raise your right hand? You swear to tell the truth, the whole truth, nothing but the truth. I do.

Okay. Sir, Keith Sus. Okay. You swear to tell the truth, the whole truth, nothing but the truth. Okay. You're both licensed architects in the state of New Jersey. Yes. Your license are in good standing. Yes. You appear before land use boards regularly? Yes. Thank you. Okay. Thank you. And are your microphones on? Just that's my other thing to check and just make sure you one of them I think the light doesn't work but if you hear the echo in your ear that means it's it's working. Um thank you very much for the introduction for clarification. There is no pool. Um but why not?

I am uh Curtis Ross. I go by Will. Um uh I am a senior associate with Pratt Santron Architects. We are the architect of record for the school district. Um with me I have Keith Sulttus. He is um another architect with our firm and we're presenting on behalf of the board of education. Uh in the audience we do have the director of buildings and grounds if there are any questions that he can uh apply to. Um thank you for your time this evening. I will keep this uh uh brief. Um the updated packet that I gave you is very similar to what should have been included in your handout. Uh it's just been slightly revised with some more information and clarification on some dimensions. Um so to get into this project um for review against the master plan, the school district is moving forward with buildingwide HVAC upgrades. Um most of the HVAC equipment will be located on the roof. However, there are a few pieces of miscellaneous equipment that will be located at grade because the building is um getting fitted out throughout the building with air conditioning. there's a need for a electric service upgrade, hence the new electric transformer on the corner of uh Belleview and Norwood. Um so walking through the site starting in the corner of Belleview and Norwood um we are coordinating with PSENG on exactly um that location but tenatively the new transformer will be located um in that vicinity outside of any sight triangles uh and on site on site of the um ports property. Um following that path um up towards the building, there will be an exterior electric um switch gear cabinet that will be on an existing sidewalk area um outside of the required egress and sidewalk um which will then feed into

underground to the boiler room. So there's some miscellaneous site work for trenching and underground conduits. Um, right around the corner of that same location, there's going to be uh new HVAC condensing units on grade um taking up uh as depicted up to two parking spots. We are looking to rotate that equipment and modify it and condense it. So, we would only lose a maximum of one parking spot um at the end of construction. Uh continuing around,

you're technically losing three parking spots, aren't you? As shown here, because you've got Ballards impeding on the third space, which effectively takes that out as well. Yeah. So, it is it is encroaching on the three um as shown on the colorized uh plan, but I think in actual construction details, it's much closer to two, and we're looking to make sure it's only one. Okay. Thanks.

Yep. Continuing around the school uh along the Lorraine Avenue, there are a series of three exterior pads that we're putting uh for additional condensing units and we're looking to add bushes and shrubbery to um screen that equipment from Lorraine A. Um, and then continuing to the back courtyard. Um, uh, in the middle here, there's a large concrete pad that will be for a rooftop unit that'll be ground mounted. That piece of equipment will feed heating, ventilation, and air conditioning for the auditorium. Uh, the equipment was too large to put on the roof, so it will be ground mounted. It is um very deep into the property from the Lraine A and not visible from the Belleview A. And then finally on the side of the building, uh there is a small condensing unit uh in an existing asphalt area. Um but with the addition of that unit, there will be a 4T6 walkway um still around the building. So it's not impeding in any um access uh or sidewalks or egress. Um, all in we are adding roughly 467 square ft of uh new impervious surface and we're looking to remove uh 500 square ft of existing asphalt that's depicted um in this corner. Um so it's a net reduction of plus orus 33 ft. Um so it's a it's kind of we're kind of washing it out out. Um c

can you show me one more time where you're eliminating it? Yes, it is right here in this uh little square. Oh, okay. Yeah, thank you. Um um and so that's kind of the full scope of everything. Um again, most of the equipment will be on the roof and out of sight. these this handful of equipment is what we could not fit on the roof either due to slope roofs or travel lengths of uh refrigerant pipes.

Um could you tell us how tall the each of them are?

Yes. Um the typical condensing units are about 7 feet tall. Um, so that will be the the three pieces of equipment along Lraine, um, and on the side of the building. And then the large rooftop unit, quote unquote, which is ground mounted, is um, roughly, 12t tall. Yes. Um, but that is deep on the site and and not visible from the street view. You call it the rooftop unit, but it's the one in the grass that's over the 12x 25 one.

Yes. The the 12 x 25 concrete pad that's housing the the quote unquote rooftop unit. Uh it's a it's a trade name. It's a large equipment that's usually on the roof of a building, but um it's on the ground. It'll be it'll be ground mounted. Yes. That's 12 ft. Yes. How about the one that's on the corner of Belleview and Norwood? Is that also seven? Um Oh, it's a transformer. That's electrical transformer. So, we don't know the exact size yet. We're still working with public service to determine that, but that'll be a, you know, typical commercial transformer. Five, five, four or five ft. Thank you. Miss Gaines, is the greenhouse will that remain? We are not touching the greenhouse. It'll be remain. Okay.

And is there any expectation that there'll be like a protective casing or fence-like structure around any of the condensers? I understand with the transformers it's in a protective casing, but the transformers, I'm sorry, the condensers that would be on the ground in theory would be just be exposed or maybe maybe it's not a concern. Um I just don't trust 12-year-olds. Understood. Um the ones in the parking lot we are protecting with ballards and a um a a vinyl fence um or chain link vinyl fence. Uh the ones along Lorraine, we plan on um screening with shrubberies and trees. um if it's the board's wishes, we can we can look into a more substantial deterrent,

but it it will then be a, you know, vinyl fence. From my own perspective, I mean, I would defer to your better judgment on what's been required historically. I know that shrubbery generally hides kids like 12, 13. they're, you know, going kind of around, right, where um but I would defer to to other thoughts on whether or not you would even think that's um pertinent. Is there any concern about humming or noises in the ones closer to the residents?

Um no. Uh the building is set quite far off of Lraine A, so there's no concern there. And the um larger unit in the courtyard of the building is set back quite far as well. So um no. What about regarding the students? No. There's no concern for any there's no noise or noise inside the building. No. No. No. It's a it's a 1906 building. So it's thick concrete and brick construction. Oh. Okay. So, and really thick windows, too, from 1906. It's not They're not necessarily near the windows, but um No, the windows aren't thick.

It's usually where the issues are in the old buildings is noise transmission through the windows, right? Mhm. Those two units together on the rain. It does look like they might be blocking a window there. Is that accurate? Like, I'm just looking at at a Google Maps of the building and there's a there's a window on the um along the uh grass line there. No. So, um, looking at figure 4 in the report dated April 22nd, the units will be to the left of that, uh, and not blocking that window. Not blocking. So, this drawing is not to scale. More the the colorized image is the graphical representation.

Okay. But but were we to were you to screen it with skip laurels or whatever whatever kind of shrubbery it would probably start to dark out that room. Uh that basement room. No, we would have to to see how we would try not to. And then if I can ask the uh the condenser that's on the northwest corner of the building that needs to be there. It really needs to be there. Just the throw of the the length of the refrigerant line. So can you clarify northwest? That's this one.

Yeah. Yes. It had to be in that location. And then the transform, there is an existing transformer at at the Belleview Norwood corner. Correct.

There is existing equipment and cabinetry on the sidewalk. We're not exactly sure whose those are. They may be low voltage and telecommunication. So, it could be AT&T, Verizon, Bell, Cable Vision, one of those. Um, we did meet with PSENG and they confirmed back Whitman's is not theirs. Um, so we're not exactly sure what that is. And we can see from a telephone pole in that vicinity there is a lot of low voltage. So we think it's one of the telecommunication companies.

And then just for when the north side of the building, the main building there was excavated last year very intently, what was that for that wasn't related? Um, yes. There was drainage improvement projects um in that area. There are swailes. Yeah. Um and that was excavated to waterproof the masonry. So those swailes did not have water infiltration into those lower rooms. So this is above those swailes and

and this and it was the swailes were were removed or or it was regraded back to where it had been originally. Correct. um more or less it was it was excavated, they did their waterproofing and then it was regraded um to to limit water infiltration into the building. But yes, it was more or less back into the same um grade. The reason I ask obviously is that if if it was lower you could the profile of the condensers would be lower.

Okay. Um, we are looking to put these outside of those swailes. Um, one, we don't want to put them in the lower area to get water damage. Um, but um, just from a location, those swailes have more windows, so we're outside of that. It's they're they're the swailes are there to allow more light into some of those rooms. So, we're we're outside and away from the windows. Thanks, questions? Yeah. Um, what uh what colors are you choosing for the condensers?

Um, I believe they come in a an off-white or like a a cream color. Not there's any other there. It's pretty much just a gray gray or we can we can look. I think I'm not sure what's better. It's it's whatever the factory colors are. I don't there's not a lot of the uh color options for the exterior equipment. Um so it's it's might be a a grayge like gray beige. It's a technical ter.

Uh sorry were you done? I didn't. Yeah. Just uh on that condenser on Norwood and Lraine where in relation to those two windows and there's also it looks like a vent there. Where in relation to those are you putting the condenser? And same question about the screening. Will it uh potentially cut off the light to those base room basement? Uh for the unit on Norwood and Lraine, it would be tight to the building and tight to the corner of the building. Um and this and looking at the elevation from Google Street View as far to the right as possible on that. um that stone wall

as far as possible. Could it be like uh flush with it or so? Is the It will be tight to the building. Um yeah. Uh yes. And it'll be flush to that. Okay.

Other comments from the board? And I'll just add, you know, whatever you do, it's an old historic building. We want it to still look like an old historic building, right? So, whatever you can do to soften the effects. I mean, you have some some good ideas already, but also not, you know, limit the light, you know, into the building, also looking at sound issues and and make it still look like a nice historic build building that functions as a school. I think, you know, those would be my main concerns. And however you accomplish that, I'll I'll leave it to you. Um if there are concerns later on, does that get addressed directly with the school administration and the board?

Yes. So if there's concerns in the future and go straight to the board of ed administration, buildings and grounds and we'll uh we'll help. To the chair's point about this being a historic building, um we do have the historic preservation commission has a design review committee. Um and we do have um experienced architects uh on that who might have some suggestions. They might not. they might just say this is the best that can be done. Um would you be willing to meet with that committee? It's it's not a formal meeting uh like where you have to come before us. We could schedule a Zoom uh and just allow the HBC to review the uh the design. That's fine. We were willing to do that. We've met with them before um in that unofficial capacity. Great.

And we met here and formally presented them as well. Terrific on other buildings. I must have missed that meeting. I'm I'm the leazison. Oh, it was the year ago for the admin and prek roof and Koopa. So, okay, that was maybe we already we already we talked about that. I believe St. Abs trying to set up a meeting with the design review committee. Great. Okay. Terrific. This one have two separate tracks board and the previous project was maybe two years ago now. Yeah, I do remember a project with solar panels a couple years ago, but I don't recall the HAC meeting. So,

okay. Yeah, because as I think I mean I think Mr. Borshaw's got a good point about mischief in middle schoolers. Um, so protecting the equipment in a in a meaningful way I think is important, but you know, I also hear vinyl fencing as a as an idea to keep kids locked out, which yes, that functionally works, but I think it's going to look terrible up against this building. So, I appreciate your willingness to work with the HPC folks and, you know, come up with something that could meet both of those objectives, aesthetics and function. We can do that. Thank you. Thank you. Anything else from the board? No. Okay. Um I think I That's it.

I don't I guess Well, I was just going to just to kind of wrap up to Mr. Raboli's point. U why we're here. Is this consistent or inconsistent with the master plan? I don't find it inconsistent. It's not inconsistent in my mind really because the master plan doesn't address this all that directly. So that would be my finding for this. Do we need a formal motion for that? I I I think you memorialize it. Sure.

I I think you can memorialize it or if that's just the the tenor of the board, a letter can go back to um the school board that the board has met and has determined that is not inconsistent with the master plan. Um, and then new paragraph further, we would ask that you try to maintain the historic integrity of the property. Boom. You're done. Yeah. Yeah, I agree with that. I think that that Yep. I see some head nods. And I think as a pract with this board, if no one's jumping up saying no, we're probably okay. This board is not shy. All right. I think we're good. Thank you. Thank you very much. Appreciate it. Have a good night.

Thank you. All right, up next we have application 2954, 180 Glen Ridge Avenue.

Okay, these are changes for Okay.

Is it That's next week. very long process. I think it has

Thank you. Thanks.

Do we have enough copies? How old are you? 105. I'm sorry. Not sure if that was responsive to my question or not, but it looks like we have exactly enough copies. Yes. Okay, Mr. Tremulac. Good evening. People still turn it off. Turn off.

Good evening, Mr. Chair, members of the board. Alan Tremulac appearing on behalf of the applicant Silk Road Bazaar LLC. Um this is a I think a fairly simple application for site plan approval and two um C variances involving property located at 180 Glenidge Avenue. The property is located in the C3 Central Business Zone. It contains a two-story office building which uh has been owned for the past 40 years by uh my client's father and a local attorney and colleague of mine Jeffrey Kushner who's actually sitting uh in the audience tonight. Um again, it's been a office building for at least the past 40 years. Two-story office building. Um, office uses under current zoning in the C3 zone, office uses are not permitted on the first floor. So, you have a non-conforming office use on the first floor. Um, my client, the applicant, um, sitting next to me is Andrew Kushner, Jeffy's son, who is going to be acquiring the property from his father and utilizing it for his business, which includes a retail component. So the only literally the only thing that's being changed in this building, this entire property is eliminating the nonconforming first year first floor office and replacing it with a conforming retail use which has already been done. If you've seen the building, you know, the conversion has already taken place. You've got uh very uh new uh bright uh coloring on the exterior of the building. is obviously a retail um store, which is what the zoning wants here and what we're providing. Um

again, as I said, there's no other changes whatsoever to the building or to the exterior. The building, the property has essentially really never had any conforming parking on the building. There's effectively two parking spaces um either in the driveway or to the rear that have historically been used by uh by Jeffrey Kushner. Um and um and you know we propose to continue that use whereby the the two spaces effectively two spaces in the row be con will be used by uh uh my client and another staff member. Anticipate a total of three people working in the building. So, there's never been any uh uh it's it's always been deficient in parking. It's always had a uh uh non-conforming parking setback, which is the other variance. Again, not changing anything. Um, and the only reason we're here tonight is because even though the zoning wants retail use to replace the office, um, the retail use has a slightly higher parking demand than the first floor office space that it's replacing. And that additional one parking space triggers full-blown site plan review. And that's what brings us here tonight. Um, as I said, the two variances we need are again for deficient parking deficiency uh variance. And I would point out, as the board, I'm sure already knows that this property is literally two doors away from the Midtown parking deck on on Glen Ridge Avenue. And the other variance is again for the parking area setback um you know which is doesn't comply with the 4 foot requirement but again has been that way for four years

and has no real negative impact in allowing it to remain. So I I have just Mr. Kushner here to testify. Um the plans that you have before you were prepared by Paul Sionis. He's not able to be here tonight. I handed out uh the most recent version of the plans which haven't changed. The only I think addition that you may not have seen previously and this is actually the one additional change we are making to the to the site um is to uh provide uh trash enclosures in the rear of the property which don't currently exist. And those are shown nice wooden enclosures are shown on the on the set of plans that I handed out um a few minutes ago. Um so um I'm prepared to proceed with my uh my witness. I don't know if you want to mark exhibits.

Sure. Um A1 is the application. A2 is the certification of P taxes paid. A3 is the proof of publication. A4 is the affidavit of service. A5 is the survey prepared by George Anderson dated uh September 17th, 2020. A6 is the site plan prepared by Gregory Switzer architects PC dated September 3rd, 2025, revised September 29th, 2025. NA7 is the planning report dated February 17th, 2026. Okay. Andrew Kushner. Mr. Kushner, if you say your name for the record. Andrew Kushner.

Okay. Spell your last name, please. K U S C H N R. You can raise your right hand. I swear I tell the truth. I hold the truth. Nothing but the truth. I hope you got it. That's right. I tell the whole truth. Nothing but the truth. So hope you got it. Very good. Okay. Andrew, um, are you the owner of a business known as Silk Road Bizar? But can you just push the button one more time? I think that's the one the light doesn't work. though. Hello. There you go. Okay, now it's working. Okay, good. Andrew, uh, are you the owner of a business known as Silk Road Bazaar LLC?

Yes, I am. Are you the 100% owner of that business? Yes, I am. just tell the board a little bit about the business, how it started and what it you know what you do.

I was in the Peace Corps about 15 years ago in a country called Kyrgyzstan and I met artisans while I was there. I was a sustainable and community community developer out of my Peace Corp service. This business kind of happened where I was working with the artisans that I met during my Peacecore service. I've been doing a wholesale business with that for over 15 years, going to trade shows and working with customers like Barnes & Noble, Lesdale, Whole Foods, kind of sourcing handmade products that they sell in their stores. Um, so I've been doing that for about 15 years now. And now just with my dad's been a lawyer for many years in Monontlair. He's retiring and I'm looking to purchase. We've kind of worked as we've had our offices on the second floor of the building for many years and now we're just looking to kind of have a retail presence on the first floor. Yeah. Make that expansion.

Okay. selling the products that you selling the products and you know other things that handmade from across the world by artisans and you know different countries. All right. You said you've been you've been occupying a portion of the second floor for how many years? About 10 years. Okay. And again the owner of the property is your father Jeffrey Kushner. Do you know do you know how how long he's owned the property? Yes. I think he's had it since sometime in the 1980s. 1980s. Okay. Um and he occupied the office uh uh the building for his law practice. Uh yes and and some other ones and and there are other lawyers who also worked in that building. Correct.

Yes. In fact, I was there for a few years uh as a as a tenant back in the 90s, I guess. Um Okay. Um and you have a an understanding or an agreement with your father whereby you're going to acquire this property. Ownership is going to be transferred to you. Correct. Oh yes. Okay. Now with respect to the first floor that's you intend to utilize the first floor for the retail component of the business. Correct. Yes. And and you've already converted the first floor um to retail use. Correct. Yes. This is a long process. It doesn't.

Okay. And do you expect to continue to utilize the second floor as office space? Uh yes. For your business only? Yes. Okay. Your intention is that your business, Silk Road Bazaar, will occupy the entire building, correct? Oh, yes. You don't intend to have any um any tenants? Hopefully, if it's successful. Okay, that's the plan. Um what about the basement of the building? How is that utilized? How do you intend to utilize that going forward? We primarily store products there.

Okay. All right. Um other than the change you have already made to, you know, to the first floor to convert it to retail. Um are you intending to make any other changes whatsoever to the building? No, not at this time. Not maybe some interior changes, but nothing exterior. Correct. No. Okay. All right. And are you planning to make any changes to the I'll call it the the the the rear yard? What's behind the building today? Um besides the trash enclosures,

just the just the uh um incorporation of the new trash enclosures that Mr. Sionis specified. Correct. Yes. Okay. Um, can you explain how um how many cars uh are able to park currently in the in the rear of the building? Two standardsiz cars can get in and out without bothering the other.

Okay. And in the past is how is the how is those how are those parking spaces been utilized and while your father was you know operating the building and practicing out of the building? He would usually use a spot before he got a pickup truck and then I would get the other spot and then the people who um were tenants of the building were primarily park on forest or if they had parking permits in the parking deck before the parking deck or will just the surrounding students. Okay. And how many people do you expect to have working in the building for your company? Uh we're three people in total including myself. Okay. So, and and who will park in in the uh the rear parking area?

I'll probably park in the rear parking area and the people who I work with probably will park on the surrounding streets. Okay. Will will there be two cars? You continue to have two part cars parked in the rear? Yes. And one will be yours and one will be another of one of your employees. Yes, mostly. Okay. You're not going to utilize the driveway or the rear parking for uh customer parking? No, customers would have to park on the street or in the parking deck. Yes,

correct. Okay. Um All right. We've already indicated as shown on the plans that you're planning to uh um install the the trash enclosures that Paul has specified. Um how is trash uh handled in terms of is it um moved to the street during pickup? Oh yes, there's bins on the side. There's up to five bins. I don't There's There's several bins on the side. It's Sunday night. It's pulled out. It's picked up Monday to bring it back Monday afternoon. That's the way it's always been done as far as you know. More or less. Yes. And that's what you continue to do? Yes.

Okay. Same with recycling. Same with recycling. Bring it out on Wednesday. We bring it out the night before it's picked up and then it's picked up and then we bring whatever we need to back. Okay. I think that's I think that's all I have. Mr. Chairman, questions from the board. Mr. Ian Wallally, I do. Oh, and let the record reflect Mr. camples here at 7:55.

Um, I do sound like a broken record on this one. This is a case where the ordinances the ordinance that was repealed in 2021 would have permitted this and would would have allowed this application to not come here um where there's a change of use. So, I'll make my pitch again to have us reinstate that ordinance um to avoid um this from from happening because it's it's time and it's a delay and there's um no impact essentially.

I think we're all pretty much in agreement, Mr. Wallally, that uh a dimminimous change in parking is, you know, does not need to come before this board and I agree with you. We should we should make that adjustment as as well. I think though we just I I would be hesitant to repeal uh that ordinance in its entirety. Um in the instance where you have um um you know situ situation like we talked about on uh gates where it was an 80 uh parking uh discrepancy. So I agree with you. We should adjust the ordinance um sooner rather than later. Was the ordinance I know we're probably getting off topic here, but it's an interesting question. Uh, was the ordinance originally based on an increase in area?

Uh, there's two aspects. Change of use is allowed you could expand the building by 15%. Okay. So either a combination of those with just a change of use and it was done late 70s um or 80s, I don't know exactly when, but it was to revitalize the downtown because we had old buildings that have no parking. So these the owners sort of had no choice and we wanted uses you know to want the building to be utilized. I think that the Gates Avenue was a drastic um so I think that's where that came from.

Exactly. There's probably a way to find a balance in there certain changes of use based on parking or something like that but something hopefully either our zoning subcommittee or the council can take up. But this, we should be clear, is becoming now conforming use. So, it's a change of use back to what it was supposed to be. I would also say it is a lovely, wonderful use on that block across from House Freya. It's fantastic. Um, and it is next to a parking deck. So, this is the easiest throw. And I agree with Mr. Enwali. I'm sad that you had to go through this. My only question would be whether I could get an e-cat or anything like that. Like one of those those gowns, the silk gowns. Yeah. But it's great.

I'm a big fan. I have a question. Yes, M. Um Mr. Trenil, um are you going to have any testimony from the architect? No. Okay. Because I see the plans that you submitted tonight are different from the plans that the board had that we received and reviewed. So, I have a couple questions about Sure.

Again, we, you know, ordinarily I would have an architect here. Um, Paul couldn't be here tonight. We thought this was such a simple application that So, but happy to answer any question. Well, the plans that you submitted show the parking actually in the driveway and in the McAdam area between the building and the um garage is are two trash enclosure areas which I'm not sure my concern with the location of the trash enclosure areas is is it's going to s seriously impair the ability for vehicles to turn around in that madam area. So, my suggestion would be, can you locate your trash and recycling storage in your garage? Cuz you have a garage back there. And if you eliminate those uh storage areas,

the cars can not be stuck in the driveway. They can pull into your macadam area and then they would be enough room to turn. It's only 35 ft. And with those uh trash enclosures, you're going to have significantly less room to to maneuver around. They're here. This is showing here. She's saying those can't

Yeah. Actually, what when I walked over the property the other day, Dennis, I I thought a better location. you have what are essentially um um sideyards adjacent to the to the rear garage um that I think could you know you can put the trash enclosures next to the garage the suite which would solve the problem you're Yeah. Yeah. That would work. Yeah. Yeah, I just where they're shown right here, I think would be a a a a problem for cars to turn around.

Yeah. Well, I mean, again, as a practical matter, I mean, realistically, I think what likely occurs is that cars just pull into the driveway. Well, that's my concern is you don't really we don't want cars backing out onto Glenidge Avenue. Okay. Eventually, there's going to be a bike lane. I agree with that. There's going to be a bike lane right there in front of your building. Yeah. Okay. So, now we can relocate the trash enclosures so that they're right. And and I wouldn't want to show the parking, you know, in the driveway. Understood. It's not Yeah. Mhm. That's my concern. Yeah. That was going to be my question is where's the parking again? Because it is shown in the driveway here,

right? And the way it's designed, it would look like you have to back up right across the bike lane and into Glenidge Avenue. That way cars can pull in. just even on a a very welltraveled pedestrian sidewalk. Exactly. In addition to a bike lane. Yeah, that's my only comment. And again, we're we're perfectly fine relocating the enclosures. I think it's better, you know, to move them.

And I had a question on the lighting. It looks like you've got almost no no light in certain areas of the driveway and in the rear yard. Is that something you're planning on addressing as part of this work? The lighting that you see, you know, the the wall-mounted lights on the on the main building. That's the way it's always been. Uh we've added a spotlight on the rear building um to provide additional light and that's all we're proposing. I mean again maintain what's been there for 40 years with the wall-mounted lights.

I understand but you put a plan in front of us that shows several boxes here that have zero foot candles. Not even like it's close to.5. It's zero. that I mean I that concerns me from a safety perspective too and especially if there's no I mean I understand there's only going to be you know a couple people that should be using it but you know things change you never know we're approving this runs with the land as you very well know somebody else comes through and it also concerns me a little bit that there's zero lighting on that one side of the building right near the sidewalk I mean I I in the rear sure you There's a couple of boxes that show zero foot candles. Okay, that's mostly going to be people that are, you know, your tenants and whatnot. I can maybe not worry about that as much, but really the driveway where you've got at least half the driveway with zero lighting, that's that's an issue to me.

You know, I understand that. And of course, the is the concern on our side is the expense of of this. You know, again, we, you know, we're doing a positive thing for the building, you know, but it subjects us to, you know, site plan review and lighting plan and it's all cost, you know, you got young talking a light, one light. I mean, well, okay, that's what you're talking about. One wall, an additional I don't I don't think it's going to be more. I'm thinking that, you know, not a motion sensor, but you get one of those flood lights that, you know, is down. You know, it's got to be has to have a cut off down because you've got a building next to you. So, you don't want to shine lights into there. Well, the existing lights, I think, are all, you know, downward.

Yeah. So, I'm talking, I don't know, one, maybe two, whatever, whatever gets rid of that condition. I'm not looking to have you put in a new pole with, you know, a very extensive lighting system. That That's acceptable. Thank you. Sure. You could arguably go wireless, right? Yes, it has. Yeah, you could put a solar cell. I mean, stick one up on the wall. Yeah. Yeah. I mean, I think there's a lot of solutions that are out there. I mean, I think of the lights that are shining on my driveway. And yeah, they're motion sensors, and you wouldn't want these to necessarily be motion sensors, but I mean, what, 30 bucks at Home Depot type of thing. I'll send you Amazon. Yes, that's exactly what it is.

I mean, I don't think we're asking for anything major. Not some, you know, architecturally welldesigned type of thing. Just give us a couple lights that look pretty decent, similar to what's there now. Correct. Correct. you know, they don't shine in the neighbor's window and they provide some extra safety in that driveway. I think that's all I'm really looking for there. Good point. Sure. I have one more question. Sure. Are you going to have any signage? Advertising your store because that's it looks like an office building. I'm just curious. We have signage. You have a sign there. It said Woolly something or other over the Right. Is that the business? I think it's shown. There you go. You mean the directory sign that's to the right of the door? The referee sign that's been removed. This is a there's a wood blade sign shown.

What's it called? B. I think there's a blade sign. Blade sign. Oh, maybe it's Yeah, on the last Yeah, I mean we don't have Oh, it might be in my Yeah, these plans don't reflect the current. Oh, if you look on on on in the planning report um figure one, is that the little blade sign that's hanging next to the door? Is that what you're talking about? Yes. And then also in that triangle, we've Oh, yeah. Here. written the name of the store in the paint. We painted that area. It says the Woolly Camel. So, there's You painted it on the building. Uhhuh. We don't allow painted signs on the building. Oh, the building or the door?

It's on the the building itself, not the door. Yeah. Yeah. You You didn't get that then. You put that sign up without any kind of review. We don't allow it. You just to paint the sign on on a building. We could take it on stencil because I don't think it wasn't there when I took the picture which but I think I saw it on the architectural plans or one of the photos in the architectural plans. It's where I saw that the new plans or the old There it is. I I have it's

I have a picture of it. There's the woolly camel. Yeah, that's the the projecting sign. What is it? Camel. Well, there's a blade sign, but then right across the Yeah, the overhang over the door. It says the woolly camel. Camel. The woolly camel. So, this is a 202 figure four. Okay. Well, I don't And there's the chalkboard wall sign. So, what's the chalkboard wall sign for? I I don't think you're allowed to have that many signs. Not more than 20% coverage. No, but you have you have a directory sign and you're providing a chalk. You can't have two

chalkboard replaces what was the directory sign. No, I'm looking at at sheet four um the signage master plan, which I didn't review before. I apologize. The blade sign is fine. You can have a blade sign. You can have a directory. This shows two directory signs and it does not show the sign that's on that your photo shows. Oh, wait. Mine's different. The new one you just show. Oh, so this is in the new plan. This is today. This is So, take a minute and look at today's set. Which I think are still dated. They're still dated February.

Exhibit. My my client just confirmed. This is what's there now. You have But it wasn't there when I did my site visit. Okay. Okay. Can we see it on this side? Is it That's the one that has Woolly Camel. Let's mark it and then let's circulate it. Because there's the Woolly Camel above the door, the chalkboard which replaces what was the the directory sign for the office building. and the nice blade sign. All right. So, there's that's the three. Okay. I mean, again, to promote the retail use. No, no, no. This is this is fine. This is

not the regards that may be picked up. Absolutely. So, there's an additional variance. No, this is this is fine. Okay. As opposed as opposed to this which has would have required a variance. And did we mark it? Did we mark the new handout? The Yeah, let's let's do a couple markings. We need to mark that as well. Um, this will be the new plans will be A8 and they seem to still be dated February 12th. I don't have a magnifying glass, but that's what it seems to be. I'm going to put today's received today.

Received today. Yes. Okay. And then, Miss Tally, would this be A9? A Yeah, that would be A9. Photograph this photograph taken of the of the front of the store as it looks today. Yes, that is exactly, you know, I showed you that picture with the signage. That's exactly what's there today. Correct. Yes. Yes. Okay. Okay. It's A9. Yeah. I just want to take a look at it.

Yeah. So, all of this is painted except the chalkboard sign and the blade sign. Everything else that I'm seeing here is painted. I think so. I think what you have here is of an anomaly because you don't have a sign band, right? It's almost like a sign band. Yeah. So that it would be difficult to get a traditional sign there and so if there is a variance. So say is that a variance or waiver? Variance.

I believe that we don't permit painting right on the wall. So I think the board would have to issue that variance to allow the painted sign right on that um triangle area over the door. Okay. The woolly. That one. Yeah. Yeah. the woolly camel. I mean, it's a difficult It's not designed for retail, so I understand it's difficult to fit a sign onto this building. Yeah. So, well, Janice, what would make more sense? I mean, would a thin sign with like two penetrations on top there be uh more ideal or do we want to just would painting

more to you, your judgment? To me, this is not doesn't look like a retail building. More like a commercial building. So, you might be able to do something a little bit different, not a traditional Well, that's what I'm thinking. Also, because they you're also adding two um screws or whatever bolts into that building. I don't know if we want to do that with by requiring a sign. So, okay. Okay. I mean, to me, as long as you maintain it and make it in good condition, I don't know if that's a I don't think that's anything we can require, but it looks nice, I have to say. So, you know, I'm inclined the way you've

put that together. I I I like it. I want to keep it I want to somehow figure out how to keep it that way. And I don't think that's something we can necessarily require as a condition of approval if we were to get there. I'm kind of looking over at Mr. Raboli.

Yeah. So number one, uh, Mr. Trimml's notice has the language to the effect of here's the variances that I'm asking for, and there's always a paragraph to address any other variances or waiverss that come up during the course of the hearing. Clearly, this is not a dramatic one. This is not like, oh, we missed a prohibited use, and he wants to raise wild animals there or something. So the idea of having a sign and I think you can support it by what you had indicated that you have a historic building you don't want to be drilling holes into the wall uh but you need it for identification purposes and it's aesthetically pleasing right so you have the basis for granting the variance so you can recognize uh it's sufficient within the scope of the notice that you you picked it up and you now have a basis for approving that variance

but we don't have the authority for a waiver which would eliminate the need for a variance itself you could do could we just do a waiver no I think It's got to be a variance in this case cuz it's I don't know if it's a variance or a waiver. I think it's probably a variance. So, I think it's easier just to call it a variance. Call it a varian. I don't have my code right in front of me. Right. The distinction with the waiver and the variance is the waivers specifically was outlined in the site plan versus the variances being for all the other code provisions. So, do it as a variance because it's probably a sign issue. And Mr. Bully. Is there a way I mean it's a painted sign and I would presume one of the reasons we don't allow painted signs is the upkeep. And how do you keep that up? Is there I mean you you certainly can require that it be maintained. Okay.

That's very straightforward. Okay. Well then let's require that it is maintained which you know benefits you as well but makes that really look nice and continue to make it look nice. Of course. Other questions from the board? Are we going to get an updated drawing showing the parking removed from the driveway or is it for the record? It's not shown really. Well, it says on my drawing. Yeah, it show on the one that you handed out. It shows the parking in the driveway. So, I don't want to vote on something if that's not You can include that as a condition. Says outline of a of a park car and you show two of them.

I think we should, you know, submit revised plans eliminating the parking in the driveway. Sure. make make it a condition and then by the time you see the resolution for immortalization you'll have the plans in front of you and you can say that you're satisfied with that or not. Thank you.

I was wondering if you could describe the range of products that one might find there for retail. Most certainly we sell baskets, uh slippers, kind of floral products, ornaments, um different things for the home, things for children, things for pets, kind of it's a kind of a fair trade store is what we call it. So things that are handmade for just varying purposes, mostly fun, eclectic kind of purchases.

It sounds as though it's going to be a very nice business. And I was just wondering if there was a way for the public to know what is there because there's the building does not have big windows and there is nothing that lets you know exactly what you're going to find and discover there. Right. Yes, we did talk about maybe making a bigger window space, but then the issue of coming to the historical board came up and then that kind of went to the wayside, but we have been using the outdoor space while the weather's nice, like the stairs to kind of show what we have indoors so passer buyers can see kind of what's what's inside.

Right. That was the one thing I was wondering how the customer will get to know what's there. But I I'm really pleased and happy that it's for the business that you're putting. Thank you very much. Yes, we we're trying which and we have made we're trying to work with the window displays we have we have like this we have window displays up in the limited space we have as well and as we will discuss later if it's a nonsign mural you can do what you want later you don't you're talking about the yeah that you're talking about the decorations on the side

you could cover the whole building with pictures of the products and not have to come Wink wink. True. But I mean, I like the way this looks. I really wouldn't want to see a change. But yeah, I mean, I don't want to go past there and see that. Yeah, we don't necessarily regulate that part. Right. We regulate signs, not there. No, there's no regulation on that. And my policy now is definitely less bling, more hippie stuff in Monontlair at this stage. I mean, we have a lot of bling. We have to schedule you'll get down there sometimes stuff together. Okay. Anything else from the board?

Now then I would make a motion to approve this um for the reasons we've discussed with the that you'll and also with the conditions. You'll upgrade the lighting, maintain the the sign on the front. Parking parking. You'll um move the trash enclosures so you can have a turnaround area in the back and that you'll submit revised plans that show no parking in the driveway that capture everything and the relocated trash enclosure. The relocated trash enclosure as well. Yes. Second. I think Miss Willis second it. Did you? Yeah. Right. All in favor? I No, I did. opposed. They heard her. Abstensions. I wish you luck. It sounds like a very nice story. One one abstension for Mr. Campell.

Who? Mr. Campell. Oh, okay. Cuz he he came late, so he probably can't vote on it anyways. So, I assume that's why he's abstaining. Yeah. Not that you have to tell me, but I assume that's why. Anyways, congratulations. Thank you so much. Very nice. Thank you. Very nice. Good one. Oh, I believe we have to keep that to mark. We That's our exam. Oh, that's ours. Yeah, I need to put that in the file. We have to mark that as A9, I think it was. So, Miss Tally will physically mark it. Yeah, I think those are really nice. Yeah, I do, too. I thought this was a nice touch. Yeah.

All right. Next up is application uh 2963 260 Belleview Avenue. Excuse me, chair. I have to recuse myself. Uh, sorry, Tony. Is that Is your microphone on? I can't hear you. That's the company that I work for um did some engineering work at um this property, so I have to recuse myself. Okay. Yes. Yep. We have to sit in the audience.

You don't have to leave. You just can't sit on the deis.

Yes.

Good evening members of the planning board. Angelo Smelllli of the firm of Pyro Zenaelli Paris and Jennet Tempmpo for the applicant. Just a brief overview. Um, I think you're all aware of what's been happening at the Belleview Theater. Uh, recently named as one of the hundred best theaters in the world of all places. Um, we're here tonight because the original uh plans for the building anticipated murals on the walls. Um the proposed murals on the west side of the facade are which the ones that require a variance because the township considers them a sign. So consequently there's various variances to be granted. It's a large mural much larger than which allowed for a sign. Uh I'd just like to if I could just bring one thing to the board's attention before I bring on the artist and that is in the report of the the planning report the m it says in project description that's on page three of the planning report it says the mural includes lettering that identifies the Belleview Theater which is classified as a sign. If you, I'm sure, have seen what the murals look like, it does not say theater. It just says the Belleview, which is the building, welcomes you to Monontlair. It's not an advertisement for any uh of the uses in the building. So, that's just for information's sake. It does not say the

Bel Theater. Also, as I'm sure you are aware, we the applicant appeared before the historic commission. The historic commission has written a report to this board supporting the murals and therefore that's why we're here tonight. Without much further ado, I'd like to bring a witness aboard. Okay. Sir, if you could state your name for the record, give us your business address. Spell your last name for me, please. Absolutely. My name is Shadi Abusleman. You spell it nice and slow. Yes. Uh, Abu Slamman. A B O U S L E I M A N.

Okay. And if you can raise your right hand and do you swear or affirm that the testimony you will give tonight will be the truth, the whole truth, and nothing but the truth. I do. Before we get to your testimony, let's mark exhibits.

Okay. Yes. A1 is the application. A2 is the certification of taxes paid. A3 is the proof of publication. A4 is the affidavit of service. A5 is the mural signage plan and it was received on January 12th, 2026. A6 is the report from the HPC received January 27th, 2026. And A7 is the planning report dated February 18th, 2026. Please, Mr.

Cha, could you acquaint the board with your uh qualifications as an artist? Absolutely. So, um as said earlier, I am the artist uh behind the concept for the West facade for the Belleview. Um I've also had 15 plus years of painting murals across the world. And in 2019, I actually painted a mural in Montlair, working with the Montlair B on the mural for the uh 180 uh Bloomfield Avenue uh mural. And so I'm excited that I was able to present this mural to Montlair and hopefully uh painted as well on this facade.

Chad, I draw your attention to the planning report which you reviewed. Did you know? Absolutely. Yes. Uh on page four of that are some under the title planning considerations. I'd like you go through with me some of those considerations. Number one says murals particularly on historic buildings should not overlap artextural features such as cornises, beams, columns, twins, windows, doors, vents and control joints and plaster. Did you take that into consideration in your murals?

I did take it into consideration. Um, it does overlap one of the columns. Just what? Uh, sorry. Overlaps some of the columns on the facade and there was no way to do it without that I assume.

Uh, no. And also just to uh state as well that the columns do have uh it does make it more appealing for the mural to be on the whole building including the columns. Some of the columns have uh paint wear from u you know maybe some graffiti artists that tagged it or some paint spilled on the walls from previous applications. Do you feel that reducing the size, shape, and proportions uh do the murals reinforce those of the building, the building features such as the columns, the windows, the doors?

They do. They absolutely do. Uh the concept was revised several times with the historic uh committee as well. And um the composition of the mural is made in such a way to cover the uh the walls um equally without leaving too much empty space but also not to be overwhelming uh for the viewers as well. One of the considerations for the board to consider would be a longevity and maintenance plan for the murals. Have you thought so? Absolutely. Absolutely. Could you explain it to the board?

Definitely. I do have a five-step plan that we could follow for this uh to assist with the longevity of this mural. Uh initially, before even applying paint to the wall, uh I'm sure to prime it and make sure it has a a proper coating before we even apply paint. This will help it last for years to come. Um aside from that, I'll also keep a material log for u the complete after the completion of the mural. I'll know which colors were used, which brands were used, and what items are used in case in the future repairs are needed or touch-ups are needed. We know exactly which colors to use on which part of the wall to maintain it. Um, I will also be using a protective coat to help it preserve against UV lighting to the best uh using the highest quality brands and uh just ensuring a longer life for the mural. And also um I'll also be available make myself available to work alongside with the owner or uh for consultation to retouch any necessities throughout the years after. I'll explore something later on that. But in your opinion um as it states mules should be considered a piece of art not a sign. I know you're a little prejudice but you do consider this a piece of art.

Absolutely. Yes. Yes, I do consider this a piece of art. Do you think limiting the size of the mural mural as planned would have a negative effect on the mural?

I think reducing the size would would have a negative effect. Um we have gone through it with the HBC uh several times and we have reduced the original size of the mural uh to the current uh size that we see now in the concept. I would draw your attention to one of the goals and um design requirements of the redevelopment plan at which this property is located. And it says that public art is encouraged to improve the visual quality of the building wall and provide a more welcoming entrance to the upper Montlair Plaza area. Do you think your murals meet that goal?

Yes, absolutely. Absolutely. I do believe so. I have nothing more for this witness. The board has questions. Questions from the board. What is the expected um duration of the lifean? Sure. On the long end, without maintenance, it should last 10 years. On the shorter end, I'd say five 5 to 10 years would be a proper estimate of just touch-ups. The mural would definitely last longer than that. But for repairs and touch-ups, I do expect Where um is it visible from besides the train? Also the park uh adjacent from it

in the summer or just in the like winter time and more winter. There are trees that do cover uh a bit of the visibility. So perhaps the foliage uh might cover it a bit.

I only ask I think it's attractive. I think it's an interesting mural. I just think people like to go and look at murals. So, I wonder if your neighbors will mind people trespassing up the driveway to get a closer look. Not not the concern of this board, but you know, people like public art and like finding it up close. So, just perhaps consider making agreement with them to allow people to go and look at it. It's a little hidden otherwise. councelor.

Um, Mr. Abol um to be careful here. Uh, so I'm just a little uh confused about the process by which the very important stakeholder in our town which is Monontlair film was included in this process. So um there was I know some surprise uh at the beginning about both murals and and the leadership of this again very very important stakeholder for us. It's more than just a regular building tenant. It is you know really a crucial part of the cultural fabric of the town. um they were not aware that work was going to start. They were not aware of these designs and I'm just hoping I I I just want everybody to be happy and working together on this and I I'm not sure that that's happening now. So maybe you can tell me from your side what how that has worked.

Sure. I mean I don't have much information on this topic. I did work directly with the owner um to and and the HBC to create the uh mural that we see. We went through multiple rounds of revisions and we had a large uh we had multiple uh zoom calls to u make sure we create elements that are historically relevant to the theater and to Montlair as a whole as well between the wording and some other elements as well. Montlair film was on those initial calls. Were they not informed of the final product afterwards? Because they were uh they were there for the they were involved in the beginning.

Yeah. But did they see the final renderings? I I can bring my the owner up representative the owner. I think they were supplied to the Okay. But once you're finished with this, she

I received an email yesterday that from the executive director that they were surprised that work had started and did not and I actually when I got the package um from the planner on late last week was going to call them just to say you know oh this is happening and I didn't. It was a coincidence and then I got the email. So I don't believe that they were aware and they and and they were concerned that that work had started on the western side and we understand that murals on the east side I believe on the eastern on the east side on the east side yes we have now started on

and and we're not aware at all of the difference between our jurisdiction over things that may be considered signs versus murals but obviously would have loved to have had input in it and the final de I would just say about work starting that no variances were required on the western facade eastern facade

and the eastern facades only the western no work on the western facade so far um again we speaking for the owner of the building we would not we could not have come to the agreement we did with the monontlair film festival with without a lot interaction. Um they're our tenant. They're as you said, they're part of the part of Monontlair and what makes Monontlair Monontlair. Um I'm fairly convinced that they at least knew of the original plans. I I'm quite honestly surprised at that email you got.

I was I was too. and everybody's they're they're trying to be I know you know they they don't want to have a a scene or or any thing like that. They wanted everybody to work together but but you know these things happen. So I don't know where that takes us but I just well again I I would only say this if I say this as an attorney of course but this is the place if you have concerns to come and give those concerns. Uh they certainly had notice of meeting and since no one is here, you know, I don't know what exactly it is they're concerned about.

Um I know that the two key executives were unable to come one because of a family death. I found out today again just saying what I know. And again, I would just say that I that this board is the ultimate arbiter of our request for Americans. So that's why we're here. It looks like on the western wall there's a fire escape and that continues along the northern portion of the wall. Like kind of looks like it was right where your mural is proposed. Is that accurate? I don't believe No, I don't think there was a fire escape when I took photos last.

I think that fire escape's been removed. It's been removed. Okay. Because I I noticed it in the planners report figure three. Okay. So, that's removed. Probably a dated photo. Okay. Going by what the evidence that we have is. Um I think that was my main question was was that and how that would affect things. It does look like there's a tree on the adjoining property that's going to cover up a fair bit of your mural as well. But not much you can do about that. No. Other questions from the board?

I'm just curious, uh, what outcome are you hoping to drive with this mural? I might have missed that, but yeah. What's the the desired outcome of having this mural here? to have it as a statement for Monontlair and it says purely aesthetic expression. Yep. Absolutely. Got it. Okay.

One other thing, there is uh plans for plaques on uh to explain on the eastern facade uh to be attached to the building who the murals are about. Larry Dolby for example is one and gives a bit of a history of the what was the intent behind those person being chosen is an artist um a very famous woman involved in women's rights and of course Larry Dolby who we all know was first black in the American League also from Monquest so that'll be part of it people will a bit of the history of Mark

and I believe that was approved by the HPC as plaques. Yeah. And that's not part of this application that we're hearing tonight, right? No need a variance for that one. Right. I just I want to make sure since you're raising it, I just want to make sure that's not I wanted you to be aware. I I appreciate that. Believe me, I I understand. I think hopefully my one last question was how do we I mean this this is all created digitally, right? How do we make sure that this is what we get on the wall? No, absolutely. I mean even the uh mural that I painted on 180 was same process you know having the experience of doing this I'm confident with the outcome that will uh be uh the final result basically you can make it happen is what you're saying it'll it'll look pretty much just like this.

Absolutely. Okay. Anything else from the board? Um, I like I just want to say that I as being in other cities and riding a train when you see a piece of it seems like it's a more of a piece of art for people on the train and maybe people in the winter and I know I mean not standing what councelor Damato said. Um, I know it's joyful when there's a little piece of whimsy art that you get to see from a train whether it's in a tunnel or here. So even though it's not necessarily always visible by um the public, I think, you know, there's something neat about sort of a secret piece of art that is visible from a train.

And the HBC was supportive of the idea of having the Belleview written on the building. It's a call out of this historic building that's over 100 years old. And it wasn't uh again necessarily about the use, but about the history. Yeah, I was I was kind of surprised that HPC was in favor of this type of mural on such an old building.

Look, we are all recognize we are not artists. Uh we recognize that uh our purview is uh historic. Uh we thought that they did a nice job of incorporating historic elements into the mural and uh we leave the art to the artist and the history to us. And we thought again the call out of the uh building itself um was appropriate. I didn't a lot of times I leave the history to you all as well on the HPC to hear that that the HPC was unanimous unanous unanimously supportive of this you know really you know helps me come to a good decision on this

I I'm with the HPC I I think that this is just incredible I love the artwork it speaks to me I at least recognize two of the people in the history there so I just think it's a wonderful feeling and I thank you for bringing it. Certainly I I share um councelor Demato's concern for Montlair film, but being someone that was born and raised here and and part of the Belleview culture for more years than I want to put out here tonight. Um yeah, thank you. I think it's incredible. I love it. Thank you so much. Thank you.

Yeah. I would just only ask that people be brought together and brought in on the process or at least given a call so that so that all the stakeholders feel heard please. Thank you. Any questions from the public for this witness or any comments on the application overall? I see none. Anything else you'd like to say to us, Mr. That's our case, Mr. Chairman. Thank you.

Okay. Look, I I think it I think it really looks nice and and the again the fact that the HPC um is on board with it, I think it'll work. I think it may just be mostly for the train riders, but at the same time, I think it's catching and hopefully that will drive some traffic into this area of Montlair. Um, I think it I think it makes sense as a sign, you know, for the Belleview as the building, even though it's not the Belleview Theater. Belleview the building. I think it will drive some folks over there and and I think it'll be fun and I hope it turns out the way it looks here. Uh, with that, I would move to approve this. Second. All in favor?

I opposed. Abstensions. Okay. Great. Thank you. and thank you for your time and attention. Thank you. All right, next up we have committee appointments.

And Mr. Ian Wallally's coming back to the deis and maybe uh maybe Miss Tally as we're talking about planning board committees and and trying to recruit some folks to volunteer. If you can give us just a general sense of what you see over the next say year for some of these committees. I anticipate that the zoning subcommittee um will be busy because we have a lot of work to do on zoning orders. Carol and I have we posted on LinkedIn, we posted for position. So,

she's already a member. Yes, we got Carol and Tony uh as a member of the zoning subcommittee and we'll need uh another person to serve Eric. All right. If any of them have standing meetings, we didn't add any question please. Oh, if any of these have standing Oh. meeting. Yeah. I I just before I commit to like by mistake another once a week night meeting, I'd like to know. Yeah, maybe maybe we could do that first. Miss Tal, if you go through the subcommittees just and we also have some new people just what each committee does when they meet generally and then we'll try and fill positions.

Okay. Oh yes, the nominating committee and Pierre is no longer on the nominating committee. That will pro that will be Miss Gaines that meets once a year. Usually we don't even physically meet. um that's just nominating the position of chair, vice chair, and board secretary for the board. So, that's pretty straightforward. And we have traditionally had the class one, class 2, and class three members of the board make those nominations. Uh the planning board personnel committee um meets uh essentially once a year and we don't even physically meet. They basically make recommendations on board personnel. that's our board consultants. If there's any desire for a change, um I work through the personnel committee um or if there's a desire that we need to get a add a certain consultant to uh our list of consultants and uh revisions committee. There's an opening on the revisions committee. Essentially, when a plan is approved, we get site plan approval. Quite often um applicants will make minor changes to those approved site plans. The changes are not enough to trigger a site plan amendment, but it's just a little bit different from what was approved. And those get filtered to the revisions committee. Again, usually almost always it's I distribute the plans and we discuss it via emails um uh as to whether or not the changes are acceptable. Um, occasionally, very occasionally, we may have to meet if it's a more significant project, but that is the process by which we approve slight changes or modifications to approve site plans. The redevelopment subcommittee um is involved in the review of redevelopment plans. Sometimes the redevelopment subcommittee takes the lead on the preparation of redevelopment plans. Sometimes it's the review of

redevelopment plans. It all depends upon how the council decides to initiate the preparation of the redevelopment plan. State statute allows them either to ask the planning board to prepare the plan or they serving as the redevelopment agency can do it themselves. So it's never the same, but the redevelopment subcommittee focuses on the redevelopment plans. master plan subcommittee focuses on um master plan issues, master plan elements that would also include the master plan re-examination report. Clearly, this and some everything involves the entire board, but this committee um is the sounding board for changes that we we start with. The zoning I explained the zoning subcommittee works with my staff on changes to the zoning ordinance and I know we're going to have a lot of work on that this year. The communication sub neither of those have standing meetings.

Oh nothing the only one that has a standing meeting is the development review committee. They meet once a month. Um the communications subcommittee is really when we have to address a communications issue because it's really important that we maintain certain standards in terms of the way we communicate because there's a lot of laws in terms of how board members can communicate with applications that are pending before the board and how they can communicate to the public, how they can communicate among themselves and basically how the board as as a whole communicates with the public. And one thing that subcommittee is going to tackle is

how, you know, the process that we go through and put getting that information up onto the township website so that right every member of the public can look at it and understand what are we doing here? What should you expect when you come to a meeting?

Exactly. That's a great idea. I can work with our our communications director to to to oversee that. Um, the bylaws committee oversees the bylaws and I think everybody all of our new members should have a copy of the planning board bylaws and the development review committee was created by u the Montclair code essentially every site plan that is submitted uh that goes before a board either the planning board or the zoning board first goes to the development review committee for techn it's like a technical advisory review committee but it also has the authority to approve have minor site plans that do not require any variances or waiverss. That might be a fence because sometimes in commercial districts we require site plans, minor site plans for fence applications or for putting in a a generator. There's a whole host of things that rather than making it come to the full board, um the public hearing in that instance actually occurs at the DRC and they meet once a month. It's the first Thursday of the month and that's it. Any volunteers?

And I'll and I'll say if anybody wants to take any of my spots too. Um, honestly like I I you know I think it's important for you know in general to have either the vice chair or the chair on all the subcommittees just so we have vision as to what's going on and can help assist. That that'd be one recommendation. is not set in stone clearly, but you know, I'm happy to roll off any one of these if somebody really wants to jump in. Anyone else? I keep on forgetting we're still in session. Um I I development review sounds interesting. I don't think my family will let me lose another night. I'm sorry.

I know, but I I have a lot of night commitment says this. Um if my life changes, come come back to me. Um, master plan's going to be very intense the next It's going to be a busy year for the master plan. I'm just trying, right? No. Well, Keith said, I'm willing to Oh, okay. move if somebody wants to take on master plan. Okay. Mr. Campbell wants to take master plan. So, Thear is going to replace you on the master plan. Okay. So I can do either the board revisions or communications zoning if you communications. I would do board revisions.

Okay. If you want if that's okay with you. Um you have to give it up if you want like negotiating here. Oh, you let me know which one you want. Uh I guess board what do you want? I mean board revision sounds more interesting but I'm willing to defer. Doesn't matter. I just I I can't take anything that a lot of inerson night meetings and it is in person. The board revisions you said there's no the development review is in person. Yeah, I can't do that. I um so board planning board revisions. Okay. Okay. I got you for that. What is it? You're not doing a development review? I No, I I can't take I I would like to do development review.

Okay. I still have an opening for communications. Like what's left? Communications. Is that the one Mr. Borshaw wanted to take with you? Absolutely. I was talking about the board revisions. If you want to throw your Sorry, I heard something about But still the microphone. If you've ever listened to one of our meetings, I know you're right. Unless the mic's on, you can shout and you can barely hear anything. For sure. For sure. Um and and and remind me of the commitment for the communications subcommittee. Usually not much, but this year we're going to tackle how do we how do we explain what we do and what goes on here to the public in a very easy to understand manner because we

you know we've had this come up a few times where people are like when will I be able to speak right? Is it next meeting? Is it future meeting? Yeah, we were talking about this uh last time. So I'd be happy to to do that. No, that's great. No, I'm I'm I'm happy to do that. Okay, that's great. Who's doing the um the zoning? I just have two of you. Who is the third? You are. Councilor Demato. Oh, okay. Yeah. And I'm spelling it right.

It was the K and the C was the issue, right? Yeah. Okay. I didn't I didn't notice that as I went through the first time because I think up front it was spelled correctly and then somewhere after it wasn't. And who all meets with the development review committee and this is that um is there a time that's locked in stone or could it be shifted if everybody was amenable to a desk? It's a noticed meeting so it's got a fixed schedule. Yeah, we we meet the first Thursday. What time? 7 o'clock. Okay. And who else was in there? Um there's one member of the zoning board which is John McCulla. Jerry Simon.

Oh, that's right. He's the chair. Jerry Jerry Simon I'm sorry you're right you're right councelor Damato from the planning board Nerberto Hernandez myself and the new and mayor if you're the fifth person on the development review committee you'll be the fifth member well is there is there a problem with you know two two um council people being on there I'm just I don't know that's why I'm just trying to find out I mean I'd like there shouldn't be a problem um the our code says there should two members from the planning board and one member from the zoning board. Okay. Well, I'm on the planning board, so I guess that would make me eligible

and you know, I'm just asking because there have been some stuff. Yeah. So, well, I'm looking forward to joining the development. There's any legal issues with council members on the development. Our attorney thinks that there's no problem. You're really advising her. You don't have any formal authority to do. No, we do. if it's an minor application with no variances or waiverss, we've written into it that they can hold the public hearing on those. So, right, but only two members of the planning board. How many city council people together? I would say no more than two people from city council.

It would be two. Yeah, because you have the two members of the planning board. We have the one member of the zoning board and actually Norberto and myself are both voting members of the development review committee. The only thing would concern me, and it's not my concern because you don't have it, is if you somehow had a quorum of city council members that you're concerned about, but if you don't have that, I don't see the Yeah. I don't think two members of the council is a quorum. Correct. They have to be three. No, you have to be four, right? Because you're committing. Yeah. A quorum for them is four, right? I I think if you would have four, it' be a problem because you'd have a majority of the council. you have potential

that you're engaging in public acts without public notice of meetings and all that. But if you have two, you're fine. Two is fine. Okay, great. Then I look forward to it. Okay, good. And that's why we kept the subcommittees to no more than three people. All right. We have a notice issue. Okay. Well, great. I will um prepare an updated uh committee list and uh include it probably in the May 18th meeting because I've given you the agendas and the documents for the May 4th meeting which is a week from tonight. And you'll are you going to email electronic versions of that for those of us that like the electronic? I will, but I have not yet received the the plans in electron. They dropped the plans off on Friday. Okay.

They didn't give me them in electronic format yet. So I will send it to you. Thank you. There's a big committee. Um do we have bills? We do. We do. Okay. Vice chair. So once you go into um I would uh motion to approve the bills. Second. All in favor? I opposed extensions. Move to adjurnn. Second. All in favor? I have a good night everyone.