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Video-1: youtube.com/watch?v=BNaz8IZ4HOg

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I got to see this right in my face. Good evening. Welcome to the planning board meeting Tuesday, August 6, 2026. This meeting is in compliance with the open public meetings act chapter 231 PL/1975 as adequate notice of this meeting has

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been provided by mailing the annual scheduled meetings to the star ledger the leader and the union county local source by posting such annual schedule on the bulletin board and town hall reserve for such announcements the official website of the township of Clark ourclark.com in compliance with PL

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2025C72 effective March 1st 2026 six and the proper filing of said notice said notice. Formal action may be taken at this meeting. This meeting is judicial proceeding. Any questions or comments must be limited to issues that are

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relevant to what the board may legally consider in reaching a decision and decorum appropriate to a judicial hearing must be maintained at all times. I will take attendance. Mayor Albanese here. Mr. Councilman Maniti

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>> here. >> Mr. Cotch >> here. >> Mr. Steinberg >> here. >> Mr. Alman, Mr. Gri, Mr. Gronowski >> here, >> Mr. Gersonner, Mr. Cecil >> here, >> Mr. Alangi >> here.

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>> Okay. Can we stand for the pledge of >> allegiance of the stands nation? Okay, I trust everyone has a chance to review the minutes of our July 9, 2026 meeting. Any questions or comments?

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Seeing none, I make a motion to approve. Do I have a second? >> Second. >> Thank you, Lance. All in favor? >> I. >> Any opposed? Correspondence. All correspondence to the board is available at town hall for

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the public review. As such, I make a motion to dispense with the readings. Do I have a second? >> Second. it tie. >> Okay. Moving forward, we're going to have a public hearing on the adoption of the amended master plan re-examination

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report. >> Um, for the record, I'm going to have you swear I'm going to swear you in. Okay, let's swear you in for the record. Do you swear affirm the testimony about to give this matters the truth, the whole truth, and nothing but the truth? >> I do. and just state and spell your name if we have it. >> Sure. It's uh Gabe Baylor, B A I L E R.

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I'm a licensed I'm filling for Paul Ricky tonight and but I'm a licensed professional planner in Jersey since 2007. >> Very good. >> Uh good evening. Um Mr. Chairman, members of the board, mayor. Uh so what we're here tonight is an amendment to

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the master plan re-examination which was adopted in 2023. The reason why we're amending the master plan re-exam is the township made a determination to not permit data centers

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in any zoning district within the township and that ordinance that ordinance was introduced I believe in the end of July. Now before the ordinance which takes the two readings can be adopted the master plan has to be

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deemed consistent with any zoning changes. That's a requirement of the municipal land use law. So the master plan which was previously adopted February 17, 2023 added one added there was two changes. The first change was to

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add section 4.1A titled data centers and that was within chapter 4 which is titled extent to which there have been significant changes in assumptions policies and objectives. So within se uh section 4.18

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4.18 is a written description overview of why data centers should not be permitted in the township. Such reasons are it's not compatible with the residential characteristics the development pattern

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of the township the infrastructure capacity and the planning objectives. These items were outlined in section 4.18. So this is a public hearing for that amendment. And then there was another

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amendment just uh highlighting uh is endorsement page of the 2026 members of the planning board. Uh so this is an amendment to the master plan. This isn't a new master plan. So you're still

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within the the parameters of the 10-year requirement for master plans not to be redone. So that the next master plan does not have to be done till 2033. So this the public hearing regarding the changes related to the data centers uh

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giving reasons why it should be uh not permitted in any residential I mean any zoning district within the township. So all zoning districts is not permitted and if this is adopted then once the ordinance goes the second reading for

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the township to not permit uh data centers then this the master plan can be deemed consistent with this proposed ordinance which is the zoning changes. So any questions? >> So there's really only two changes. One was the names of the current board

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>> and the second is the removal or the specific outlawing. >> Well, it's just it's just the addition of >> addition not removing. It was just addition of section 4.18 about data centers and a written description why it should not be permitted in the township.

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>> Didn't we have somewhere that we were permitting data centers to be built in Clark? uh my understanding wasn't permitted in any district to my understanding. >> I believe in the >> I believe the zoning ordinance did permit it in certain districts and

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that's the ordinance that's going to be changing and in order to change the ordinance it's council puts it on for first reading then they send it to this board for you to review it for consistency with the master plan. So we're amending the master plan so that we this board can say the change in that

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ordinance is now consistent with the master plan as amended. Okay. >> That way that way the board can recommend to council adoption of the ordinance taking out that provision that allows Dennis anywhere. >> Very good. Thank you for that clarification. Uh any other questions

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regarding this? As such, anybody from the public wishing to come forward to ask any questions regarding this testimony and document, please do so. State your name and seeing no one come forward. Make a

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motion to close. All in favor or second, Lance. >> Second. >> All in favor? >> I. >> All right. Um, this would be a roll call, right? >> Yes. I make a motion to approve the amended master plan re-examination

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report. Do I have a second? >> Second. >> Lance. Um, please take a roll call. >> Mayor Albanese. >> Yes. >> Councilman Maniti. >> Yes. >> Mr. Cotch? >> Yes. >> Mr. Steinberg?

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>> Yes. >> Mr. Gronowski? >> Yes. >> Mr. Cecil? >> Yes. >> Mr. Aloni? >> Yes. >> All right. Moving on to the resolution consistency with master plan review for ordinance 2623 to remove data centers as

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a permitted use from certain districts and prohibit data centers as a use in all districts. I think Kelly you just clarified that for us. Is there any questions regarding this resolution? Seeing none >> for the record.

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>> For the record, let's just put something on here. Um, as the planner just testified in the last the last part of the hearing, the master plan has just been um amended and this board just did adopt those those amendments. Um, and therefore there is a

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resolution um of this board to be reported back to council stating that the data center amendments to the zoning ordinance are consistent now with this newly amended master plan. And if anybody wants to make a motion to approve that resolution, go ahead. >> Thank you.

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Seeing no other questions or comments, I make a motion to approve this resolution. Do I have a second? >> That you Gary. >> Have a roll call vote, please. >> Mayor Albanese, >> yes. >> Councilomani,

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>> yes. >> Mr. Cotch, >> yes. >> Mr. Gronowski, >> yes. >> Mr. Cecil, >> yes. >> Mr. Ali, >> yes. Our next resolution is consistency with the master plan review of ordinance 26-21

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which vacates a portion of the paper street known as Lakeside Boulevard. Council, can you give a little overview for this? >> Sure. Um >> you turn on your mic. So >> yeah, my so my understanding about this is that there is a long history on this

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property. Um, starting about 40 years ago, there was an attempt to vacate this tiny little portion of a property and give it to the neighboring property owner. There is a state law that says basically paper streets that are not not being used, have never been developed as streets. So, the town doesn't want to

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maintain them, has no public need for them, that they can be offered to the neighboring property owner. Apparently, that was done maybe once, perhaps twice in the past, um, but it was never recorded properly. So, the uh township attorney and council have now gone through and looked back at those records

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and figure out what needs to be corrected and has now brought this ordinance in order to finally hopefully um give this paper street, this little portion of property that's not being used to the neighboring property owner. The reason it's in front of this board is just like the previous ordinance that

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this board because it involves land use uh that the board needs to determine if it is consistent with the master plan. Um there is nothing in our master plan that says don't donate paper streets that you're allowed to donate as per the the state statute. So um I'm confident that it is it is consistent with the

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master plan and with with um with state statutes to provide this as a way of towns dealing with small isolated properties that will be better off taken care of by the neighboring property owner. >> Thank you. As I understand it, half the property will go to the adjacent

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homeowner and the other half will go to the county. Is that correct, Mayor? >> Any other questions or comments regarding this? As such, I make a motion to approve this resolution. Do I have a second? >> Second. >> Thank you, Lance. Roll call vote.

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>> Kevin. Kevin. Public. Public. >> Oh, we don't. >> Consistency. >> Uh, consistency reviews do not need to go to the public. Was there somebody here related to it that wanted to say something? No, they do not need to be open to the public. Okay.

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I'm sorry. Who Who motioned? >> I motioned. Lance seconded. >> Mayor Albanese. >> Yes. >> Councilman Meniti. >> Yes. >> Mr. Cotch. >> Yes. >> Mr. Steinberg. >> Yes. >> Mr. Gronowski. >> Yes. >> Mr. Cecil. >> Yes. >> Mr. Ali.

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>> Yes. Okay. >> Okay. Next resolutions. Consistency with master plan review of ordinance 26-22 which removes a waiver provision from chapter 66 affordable housing of the township code.

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Again, this is um similar to the other things. The there's an ordinance change being made and the council wants to make it. They've referred it to this board to determine if it's consistent with the master plan. Um, no public hearing is required. It's a very small provision that gets that cleans up part of the

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affordable housing code. And that's all I know about it. >> Mayor, what can you explain what the waiver was or the Hold on one second. Let me just go back. uh we were asked to make this change to

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satisfy the FSHCC's agreement which is the fair share housing center when we were meeting with them. So we had to delete a c certain section where we could make adjustments that we felt were unreasonable. We do

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not have that authority. If you read the attached ordinance and go down to section 1X, the section on waiverss is what was changed. So this was at the request of the fair housing. >> Yes.

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>> In order for them to approve our changes, our affordable housing plan for the fourth round, we had to make this change. There was there was a very long list and we've gotten through most of them. This was one other item that we had to make a change on.

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>> So this was part of the settlement and part of litigation and has been negotiated. >> Correct. All right. As such, I make a motion to approve this resolution. Do I have a second? >> Second. >> Thank you, Gary. >> Uh, all in roll call vote, please.

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>> Mayor Albanese, >> yes. >> Counciloman Maniti, >> yes. >> Mr. Cotch, >> yes. >> Mr. Steinberg, >> yes. >> Mr. Gronowski, >> yes. >> Mr. Cecil, >> yes. >> Mr. Langi, >> yes. >> Resolution pass.

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>> Okay. Public session. Um, at this point the public may come forward to have any comments regarding what the pump planning board has authority over. As such, I make a motion to open the meeting to the public. Do I have a second? >> Second. >> Thank you, Lance. All in favor?

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>> I. >> Anyway from the public wishing come forward, please do so. State your name and town. the residents. >> Good evening, Dileia Collins, Clark. I have a couple of questions. Maybe I'm not that familiar with the workings of

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the planning board versus the town council, but what I'm trying to figure out, and the mayor tried to explain it to me at one of the uh council meetings regarding the back and forth between the planning board and the town council

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regarding the non-comdemnation back and forth and the reszoning of the town downtown village section. of Clark. Now, back on July 8th, Mr. Ricky made a report on the non-comdemnation

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of that area across from Quick Check. Is there a time limit on any of these reports back and forth? Did is are we required to get back to

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the owner of the properties and are they what I'm trying to see find out there's so much work going on on Westfield Avenue. I heard that their work might begin on the Knights of Columbus property soon and I know they're working

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on the property where the Acam/Foodtown used to be. They're working there every day. So, what I'm trying to figure out, will this all come in a month, six months? I know in Garwood

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the the plans that they have been held up for eight years and I'm just wondering what the timelines are. That's my one question. Um, this board does not have any jurisdiction over approving permits.

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So, no work can begin until all the permits for a project are completed. And I'm sorry I haven't been through all these rounds of hearings. Um, but the board doesn't have any control over when something starts. When something comes to the board, an application, there are time limits for a board to review. In

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general, any application that comes to it, they're required by the state law to get through review of an application within a certain amount of time. It depends on what that application is. Um, but as far as once something's approved, when they draw permits, when they start construction isn't something this board

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controls. So, so that would who would who who controls that? >> There's a town um state limit. Was it three years or five years? >> They have to start construction within a period of time. So sometimes some per some approvals will

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expire if they don't begin work within a certain amount of time. So there might be a limit past where it might you know they might have to come back and re re-up their approvals. Um but I don't want to just speculate without knowing really specific what you know what what you're talking about and which projects. Um but this this board probably isn't

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where you're going to get that answer. Um, is it the building department approves final permits? You could prot perhaps do an open request and ask for the status of something or if a permit's been issued, that's something you might be able to do. Okay, thank you. Um,

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what was my other forgot my other question? Um, the downtown village area, some people are social media again. Is that from Brandt Avenue all the way down to Madison Hill Road on Westfield

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Avenue? >> Can you repeat yourself? I didn't hear the question. I'm sorry. >> I'm sorry. >> Can you repeat yourself? I didn't hear the question. >> Oh, I'm sorry. The downtown V Village village project. Is that from Brandt Avenue all the way down to Westfield Avenue?

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>> It It's from the Exxon CVS >> building all the way to Rawway. Oh, okay. All right. Thank you. And um the property where the um am whatever there

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were there two plans presented to the board regarding that property versus the bank property because the pictures that are showing the redevelopment shows it extending all the way to John Street, Joseph Street. The first application did

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not include the bank property. They subsequently entered negotiations for that property. I don't know if they've closed yet, but they came before us with a second application that now included the bank property basically squaring off the property or making it a complete

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rectangle. >> Well, they have two property two plans. >> No, for this with the approval of the second plan, the first one became null and void. >> Oh, okay. Thank you. Thank you. Anyone else wishing to come forward?

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Seeing none, I make a motion to close the meeting to the public. Do I have a second? >> Second. >> Is that you, Matt? >> Okay. All in favor? >> I And Okay. Any opposed?

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Is there any new business? Any old business? Our next meetings are September 3rd, October 1st, and November 5th. I make a motion to adjourn the meeting. Do I have a second? >> Gary.

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>> All in favor? >> I. >> Any opposed? Meeting adjourned. [music] >> [music] [music] [music] [music]