Welcome to this evening's Milgra Township Planning Board meeting. In accordance with section five of the open public meetings act, chapter 231, public law 1975, be advised that notice of this meeting was made by posting on the bulletin board at town hall and serving
the officially designated newspapers a list of the meeting dates annually indicating that this meeting would take place at the Milurn Board of Education Education Center building at 7:30 p.m. on March 18th, 2026. May I have a roll call, please? Jonathan Baxter,
Allison Campfield here, Michael Cohen, Jorge Master Petro >> here, >> Deborah Neas >> here, >> Frank Sakamandi >> here, >> Michael Zion >> here, >> Vice Chair Sweeney BJ >> here, >> chair Gaston Hbert >> here,
>> Sergey Stow, >> Chris Hinrich >> here. All righty. Uh looking at the agenda this evening, we have some minutes to approve, a single application to hear, and two ordinances to discuss and review
for master plan consistency. And then finally, we'll end with a quick executive session still on the uh high center for livingism pending litigation. Uh to begin with, uh did everybody get a chance to read
the February 18th, 2026 meeting minutes, regular meeting minutes? Any questions or comments? I'll make a motion to approve the regular meeting minutes from February 18th, 2026. Do I have a second? >> Second. All in favor?
>> All opposed. Motion passes unanimously. Uh then we're on to the executive session meeting minutes for February 18th, 2026. Did everybody receive those? And have you had a chance to review? >> Any questions, comments?
I'll make a motion to approve the executive session meeting minutes for February 18th, 2026. Do I have a second? >> Second. >> All in favor? >> All opposed? Motion passes unanimously.
All right. Next up are the application is the application and it's application number 26-003 preliminary and final minor site plan with associated variance RH uh also known as restoration hardware
1200 Morris Turnpike block 5303 5303 block one. >> Hi good evening everyone. My name is Johnala. I represent RH and it's my pleasure to be here this evening. Uh as the chairman just indicated we are
talking about an application pertaining to the mall at Short Hills located at 1200 Mars Turnpike. The property is identified as block 5303 lot one. Uh and it is located in the township's B1 zone district. I know
you're all familiar with the mall. Um, RH has actually been a tenant originally Restoration Hardware. It's now RH. Uh, they've been a tenant in this mall since uh dating back to 1990s. Um, they moved around to a few different
tenant spaces. Um, current tenant space is where they are located. They will remain uh and they are expanding within the mall space. are actually taking some additional space uh from the gap uh on the first level which is next to them uh as well as taking
over space at the lower level uh which was previously occupied by uh what forever >> 21 trying to remember the year forever 21 uh reason we're here tonight uh normally you know interior renovations and so forth don't come before the board
uh but what we are proposing is minor site plan uh to allow for a direct at the exterior entrance. And this is portion of the mall really that's located off of JFK Parkway. Uh when you come into the site, uh it actually is a wall that is probably one of the most
bland aspects of of of the center, just a long brick wall. We've got Cheesecake Factory and we're also fairly proximate to uh to Italy. Uh I've had the pleasure of coming before this board when Cheesecake Factory came in and they made their own entrance and they had some
sign marriage relief uh and within the last year or two uh I was here with Mr. Keller uh when the evening came in uh and provided their their entrance as well. Although we weren't before this board before the zoning board because we just had variance relief interestingly
similar to the varants relief speaking here this evening. Uh we are excited about it. We think it's it's going to be a nice improvement, nice aesthetic improvement uh to this portion of the mall. It'll provide for direct access. Uh it is not going to change operations.
It's not going to change hours of operations. It's just going to be a direct access. Of course, we're still going to have direct interior access uh within the mall itself. I have two witnesses this evening. Uh our project engineer and planner, Rich Keller. I'm going to call him first. who's going to
run through explain the nature of uh of of the limited site improvements that we're doing in this regard. Uh and I also have Dan Pierce with Newer Architects. Uh they provided the architectural design plans uh which we'll also put up uh and run through and
and show you what we're dealing with there. So unless anybody has any other questions of me, uh I'd like to call our first witness just for one second for Steve to take care of some business. Certainly. Thank you, Mr. Chairman. Yeah, predicate issue always jurisdiction, so I always like to
register my opinion on it. Uh the notice was sufficient content and timely served certified mail March 5th, published March 6th in Star Ledger. Uh both of those dates being at least 10 days prior to this evening. So, the board does have jurisdiction to hear and decide the
application this evening. and I could swear in both your witnesses as well as both our professionals all in one fell swoop as uh the legal term is. So if you'll raise your right hand all of you do you swear to God and affirm that the testimony you're about to give is the truth the whole truth and nothing but
the truth. >> Thank you all. Back to you Mr. Chairman. >> Very well. >> Good evening Richard Keller. I'm a licensed professional engineer planner in the state of New Jersey. Uh testifying with both hats on today. Uh
just for the record, I hold a bachelor of science and civil engineering with concentration in water resources and environmental engineering. That's from Rford University. I also hold a um masters in engineering with a concentration in urban planning and design and master New Jersey Institute
of Technology where I was also an ad professor for graduate undergraduate students for approximately 11 years. I've created for this board, the board of adjustment, approximately 110 boards throughout the state of New Jersey. I've also offered professional engineering consulting services to the town of Long
Hill as well as the uh Burrow of Caldwell and I've also provided uh planning guidance to the board of adwell as well as included are included back my license last week. Thank you, Mr. Kelly. you're acceptable
as a planner and an engineer sport. Thank you. Um you have the drawings that my firm prepared for you. Most of them are identical to that. I'll refer to that when I get to the one change uh drawing that's as a result of some of the comments from the DRC. I'll I'll uh
I'll mark that and otherwise I won't mark the others. The um as was indicated I'm going to go right to that sheet two that's in your set um that was distributed. That is the overall survey sketch from 117 2026. Um as as John
said, we all we all know the mall here in Still Bern Hills. Um within the mall, um Route 24 being on the bottom, Donna Kennedy Parkway, um circling across the top or the north of the project um you
know up fronting on um the uh Route 24. You've got Nordstrom's and Newman Marcus. As you come underneath um towards underneath the uh uh the tunnel, you've got the at great entrance into both the mall as well as Legal Seafood,
the um steakhouse. You continue Macy's. As you turn the corner, the area that we're concerned sits between Macy's and um Bloomingdales in the broader sense. As you come along Macy's, there's an entrance into the mall. Um, and then immediately adjacent to that is the
frontage for Cheesecake Factory, which as John said was a also has an entrance directly onto the parking lot. And then there's about uh 220 ft of barely banal brick wall with a couple service entrances into it, leads into a trash
compactor. It's hidden by a wall. And then you round the corner into the space that was originally Marcato. And they opened up the the entrance onto the parking lot. And that's now Italy which was subject to a board of adjustment application for a similar sign variance to the one we need today. So that's
where we're focusing on. If we go into our survey which is a topographic survey just that area you can see that uh there's the parking there's the entrance into the mall. There's the entrance into the Cheesecake Factory. Cheesecake
Factory taking um the westerly about 120 ft of 150 ft of facade. um right at the jog um where the the uh pavement widens out into a drop off area. That is where we're proposing to bump out the uh the
facade and I'll get into the particulars in a section. Do an addition to that area by extending the curb line. This turnout was originally uh thought of as being an area for uh valet drop off and pickup associated with Cheesecake Factory. That never was needed, never
came to fruition, so it's never been used for that purpose. Um, it is all signed the entire way through as no parking and fire zone. Um, and there is uh there are a couple of uh service entrances in into the uh into the back section of the mall um between us and
Cheesecake Factory. Uh there is a door that goes into the back space, the kitchen area for Cheesecake Factory. So that's the existing area that we're going to be working in. Basically where the uh there's about 23 feet of backup from the spaces about 23 feet metric perpendicularly a little more than 23 in
line with the spaces of all that double loaded parking that sits um across the drive aisle. We're looking to essentially fill in that what was conceived as a valet drop off and pickup and we're looking to uh curb that and redevelop that area that I'm referring
to. the um as indicated um this would uh this would normally not meet the site plan approval for the chain dependency. What's interesting as John said is that the um we're doing this twotory edition
now referring to let me ask you um I'm on A1 now. Um you describe it. >> Yep. Which would be dated today. A1 is the Machore Hills grading and drainage plan. It's the sheet you have in your step at sea before except we've
made some modifications uh per the reports and requests of your professionals both engineering and planning and a result of some of the commentary that we received at the DRC. So I'll go through some of those changes as I as I introduce. Um, basically a lot
of it was showing some spot elevations, uh, labeling some dimensions, uh, clarifying some landscape material, following up some specifications through the street brakes. So, a lot of it is, um, it's really kind of engineering, um, details to making sure it gets built
correctly. Um, but it doesn't really change the overall, uh, plan. The plan is to basically bump out into that new sidewalk area just instead of 7 feet by 79 4 in. That's at the maximum that is krenolated. So at some points we're popping in only five feet, some points 7
feet along that whole 79 foot three section that represents a total of 472 ft of increased building footprint. What's interesting is that is a two-story addition where the first floor um allows for a foyer and allows for
windows and a little bit of visibility into that retail space. The second floor is actually just applied to the outside as an aesthetic treatment so that it really creates a more a more attractive presence and a more attractive um
lighting of that facade. They are two stories but one is going to be underground. We might see it and the architect will show you and I'll show you a second as well. So really the the footprint the increase in the footprint is 472 ft um across that frontage. There
is uh there's no increase in imperous coverage because we're taking pavement, swapping it out for a combination of sidewalk and 473 ft of building. Um there is no change to the utilities. There's no change to the lighting. There's no change to we don't lose any
parking or change any parking configuration. It's really just um taking advantage of that of that valet drop off that's never been used and repurposing it to allow for RH to have a presence of their own entrance into the parking lot similar to what was done um
been done throughout the mall. Besides enlivening the mall, those facads, especially the most facade, which I think one is, it also allows for better brand recognition for some of the really high-end tenants that are attracted to this mall. RS being I think um defined
throughout the country of being um a store that kind of exudes refined elegance whether it's their flagship store in Manhattan or the art museum they repurposed in Boston or their facility in West Palm Beach or Manhasset. Um it's really about being
understated. I think that's what I'll talk about in signage as well. So um besides all the details um we do there is a I'll I will u show you I'll introduce an exhibit that
we did not prepare. This is A236 prepared by Nor Architects. Um it is exterior rendering was not part of your package. I don't it was part of your package. I think I think this one has a slight it's either part of your package.
I'm not sure if you had the latest one that had a slight little uh um change of material at the bottom. So, I'll mark it just in case. It may be in your package, but um this is what I was referring to. So, there's an underground floor that you'll see from inside the mall as you come in and you take a stair down or an
elevator down, but this entire section across the top above the second between the top of the first one and second floor is really just um applied architecture to the top. These are real windows. There's between a five and a seven foot gap behind there where there
will be vignettes of displayed um uh furnishings etc. But it's not like you window shop there. It's really meant to show um create a bigger presence on that wall um and really elegantly adorn what again um nice brick detailing but with
overall 300 ft and this section more than 225 ft of brick wall with some service doors. Um, this really does sort of enliven it quite a bit. And besides the Juliet balconies, again, non occupiable. Um, there is some decorative lighting, which is part of the signature
lighting that RH uses throughout the country. Um, there are trees on either side. They do call out for the possibility of some low planters, which are seasonal seasonal plantings in them. Um, and these lightings are really just decorative. They provide a little more lighting down against the windows and
against the ground. Um, but it's really there's there's a surface parking lot and parking lot that provides adequate light throughout. These just serve to really highlight the architecture. They're low and level. They're decorative and they're attractive. So, the um basically the signage is the
only thing we need the bearings from. Uh, the signage is well um uh under the permissible um square footage allowed by code. Um the uh the the signable facade
really we consider uh since signs are not permitted above we consider the signable facade of the first floor only excluding all the glass. We take that assignable area for the first floor 874 ft. Um we've got signage that is
detailed out as 22 in high. Um where 24 in is permitted. You'll notice one of the architect drawings actually falls out as 2 foot one inch, but would be less than either 24 or less. Um, we think it'll be 22, but even if it was 24, the maximum permitted by ordinance,
um, that square footage, you're actually allowed to take just the letters because it's pin mounted halo. But if we take the smallest rectangle around the RH, we're talking 6.7 square feet. So, we are less than8% of what's permitted. We're 20%
permitted. were less than 1%. So I if I was to take that RH and put on the first floor, I could put 26 of them on a facade and still be less than the permitted signage by code. So um really it's an architectural element. If you look at any of the uh the restoration
hardware or RH's around the country, they generally get a very understated RH as high on the building as they can. It's sort of their symbol architecture and we're looking to do that here. We think it's an elegant uh composed facade and we think that uh this can be
approved under um a CT variance. Again the section that we need relief from is 609 pd wall graphics may not extend above the second floor or the roof line. Um and obviously we are not extending above the
roof line but we are clearly the second floor. We see this as a C2 variance. C2 being flexible C2 variance where the uh the plan with its non-conforming uh conditions represents a better planning alternative than a conforming plan. Um
to do that we must all still demonstrate that the purpose of the land use law are advanced. Do the uh plan with it deviations and the positives um outweigh the negatives. uh and when weighing the positives and negatives case law allows um that the net benefits of the project
um um can be with the project moving forward can be just can be balanced against u the no build condition. So is the is the overall allowance to extend between five and seven feet into the parking lot um not needing a variance
but with that RH is that better than what exists today if we were to not build at all and I would posit that clearly it does and the purpose of the land use act that it advances under 40 552 section I and that is aesthetics. Aesthetics is a valid um goal within
zoning. We clearly think this is an aesthetic attractive treatment. Um it's a very costly treatment to actually put that much money into this facade when the upper uh portion really um doesn't serve any functional use and it still
has full glass windows. Nothing fake about it. It's it's a it's a full-blown facade up there to really make that section of the building much more attractive. So uh we think it clearly advances aesthetics. Um we still need to always need the negative criteria. has there's no substantial def public good, no
substantial enhancement being intended to put the master plan. Um I don't see any effect on the public. this this sign actually I would like it to be 36 inches because it's 325 ft away from JFK and I think when people are coming to the mall
um especially if they might use the outdoor entrance uh it'd be nice nicer for them to see it from distance but that understated dimension and size is really consistent with their branding and so they are not requesting a deviation from the signage side but just the location so we think there's no
substantial detriment of public good and certainly our master plan encourages us to make the most of our uh existing commercial spaces. Um the mall is one of the most important um tenants or land owners within our
community. Obviously the larger taxpayer um you ever people say where you from? Um they may not know where Milburn is, they may forget about Short Hills, but when you say the Short Hills Mall, they oh I know. Um so clearly um this is something that uh adds luster to the mall. one of the few malls in the
country that is doing well and actually thriving. It did better in COVID than than than not. Um we think that this is an attractive um solution to allowing RH to have a presence on the street on the on the parking lot. We think it meets
the criteria um under C2 for approval of the variance. Um I did take a look um at the planning comments um as well as the engineering comments from the professionals. We basically have agreed that we would um we will meet any of the
any of the requests that were in the lost any requests in the engineering report uh we will comply with a lot of providing some additional dimensions. Um we talked to Mr. Ker about some elevation differentials and why that occurred. We think there's consistent with the architect work. Uh the only
thing is that um on this uh easterly side there was a section of pavement that we looked at possibly removing but it's a dark section of the of the facade where the um the foundation planting are not doing well to begin with. So we like
to leave it concrete which it is now. And it also uh was very important that the trees be uh symmetrical around either side. Um, and we didn't want to push that tree back because you start to lose that symmetry and it would be really important to RH. So, uh, I think
we can we can comply with everything requested in the engineer um, comments and then the, uh, with regard to the planner comments. I think we've uh, we've provided pretty much um, anything
that was looked for um, within there. I'm happy to answer any questions if Graham uh, think we did miss something. The architect is available to discuss some of the durability of the materials. Um, we are consistent with the uh the
landscape standards 513. Um, and I'm happy to answer any questions. >> A couple more things. Uh, Mr. Kelly, do you have the opportunity to review in March 12? >> Yep. >> And we can comply with all those comments. >> We can comply with that. And what we've
done is um there is no there is existing no parking fire lane signage uh throughout this area and we highlighted that that signage will go back in. Um the fire marshall's comments was signage and striping. There's no other um fire
zone striping throughout the mall anywhere. Um it's all signed. So what I would suggest is we'll meet with the with the fire department. Um if they want us to stripe out just in front of our section where do you start and where do you stop? But if uh the fire marshall
uh insist we'll do two foot of striping and we'll label it no park and fire zone. But throughout the rest of the mall they have signs and we propose to uh replace those signs and that's enforceable that there be no parking in those areas. And we also received a
report from the uh township forester dated March 16, 2026 disregarding protection of uh of a couple of trees. We'll comply with that as well as that. >> Absolutely. Yeah. >> And I also received a police department report which I have no concern with
respect to that. >> Yeah. No, no problem. >> I think that covers all the reports. >> Any questions for the board, Mr. Keller? Just a couple of questions for you. I thought I heard you the first one was I thought I heard you speak about a service entrance.
>> Yeah, currently there is a there's a there are a couple of doors on this facade that are shown um on our survey. As you come down, we're talking in the center right right in the center of where we're putting our addition. There's a door in. So that would be eliminated and that goes into a back
quarter. There is another service door uh where the curb becomes depressed. uh that is where some uh offloading for um for cheesecake factory occurs. So that will continue. We've we've basically taken that depressed curb and we've
provided on our on our plan. We provided for a depressed curb section uh right opposite that door. So any drop off materials can still be brought up through that curb and into that door. The only reason I ask is, you know, I happen to traffic
that area quite a lot because my kids love cheese steak factory and traffic is finding parking is tough and and traffic is also not very easy to sort of navigate there. So, any thoughts on sort of how this might change or
affect the traffic patterns? >> It won't change the traffic pattern at all because we're not taking away any of the travel aisle of the travel road that comes down here. It's not being narrowed at all. We're taking off that turnout area where people shouldn't be parked anyway except parking zone. >> There are some uh some deliveries that
occur at Cheesecake Factory once or twice a week. They're generally between 7:00 a.m. and 900 a.m. in the morning. Okay. So, that happens before the mall occurs and they do tend to pull off in that area. Um offload, the truck goes away and then that stuff is carted inside. So, but that again happens
between 7 and 9. So, that space will no longer be available, but that's an area time when the mall is not occupied. This is not a an area where um employees are allowed to park. So, they'll just double park, offload, and offload go. >> Um I don't see sort of in the drawing,
but where is the entrance, the exterior entrance going to be? >> So, the the entrance is going to be um right where it says FF 203. Um right in the center. You can see there's two doors um coming out. So that's the
entrance into across that 79 foot exactly in the center of that almost 80 foot to 40 foot 40 foot are double doors that was uh what was shown on either what you have in your packet or two and that's right in the center these are the
center panel or the door >> okay >> Mr. Is that where deliveries also will be made to Restoration Hardware or where is their loading? >> Um, there are larger loadings areas within the mall. Um, they generally uh
don't tend to come through front door, but they are they will have some access to the side. That's an operational question. I know that they will still have back um back alley uh back corridor access from the sides, but I don't know um how they'll get their furniture
delivered. But there are larger loading spaces within the mall. They can come in the mall prior to furniture prior to hours. They can be delivered either one of three methods either through here out through the back hallway from the central loading dock or through the entrance in the mall. But that would all
occur before questions with trees. How are those situated on the sidewalk? Actually before that maybe for for this in the this bumpout to happen the sidewalk is also being bumped out where it used to be the drop off area. Right. >> Correct. >> How big is the sidewalk?
>> Is it similar to the rest of the >> Yeah, it's exactly the same as the rest. Well, it's the same as the rest going up to Cheesecake Factory and up to the mall entrance. As you continue west, sidewalk actually gets smaller. But this is uh this is consistent with the larger
section. So, the sidewalk depth, um, as we move up at Cheesecake Factory, if I can find the 20 scale. There we go. At Cheesecake Factory, you've got, um, five and a half, six feet of of of walk.
And we will continue to have that same actually seven feet of walk coming across our facade. The trees are nestled into tree grates, so they're set back on either side. They're flanking the building and they're slightly set back. And while the tree grates are walkable, they're a 4x4 tree grate, very similar
to uh just to the um west of the uh of the mall entrance in front of in front of uh Macy's. There are at least four um trees that are set through crates, although they are very narrow because we've only got the the the sidewalk is
not so deep in there. But as it opens up across us, we were careful to uh take those two trees, set them great can be walked on and then push them back um so they're not proud of the building. Roughly the center line of those three grates lines up with the per facade. So
that 2 by two um grate comes about two feet into that 7 feet area but still leaves it still leaves um a good 5 and 1/2 ft to the grape and you can walk on the grate. We've chosen a type of tree that
is columner and high branch. So it will grow more up than out and the branches can maintain up higher protection. Last question. Are the windows are they storefronts or are you actually allowing
natural light into the building? >> They are um they are not they are um there's transparency. So they are allowing light into the building and they want you to see the activity in the building and that's on both floors. So obviously you won't see people on the second floor but you will see that 5 to seven foot space that there'll be
furnishings in uh paintings in. So it looks as though like it's part of the display area down below. It just you might if you're paying attention, you get a little confused because you walk in, you think you're going to go up to the second floor, you're actually going to go down, but it's all natural glass.
None of the spandro glass, none of it reflective. Um it's a, you know, it's one of the woring that's happened in some of our downtown retailers. They put reflective glass up. They use spandro glass. It should be regular glass. Um and that's not restoration hardware is very much about using real materials,
allowing real light to come over the space. Thank you. Any question? Smart professionals. I only have one. Um, you mentioned the lights. Is there any uplight associated with those or is it all down?
>> I would have to refer to >> Why don't we hold that for Dan? >> Okay. >> All right. That's fine. >> I think it's primarily now, but I'll let him talk. >> Okay. I don't have anything else. They say they're going to address my letter. So, I might Is there any questions from
the public? >> Thank you, Mr. Per. >> Thank you. >> Okay. I'd like to call Dan Pierce. Mr. Pierce has been sworn. And uh Dan, I'll ask you to put your a brief summary of your educational professional background and licenses you hold.
>> Uh Dan Pierce. I'm an associate and a student manager with NOR. Uh my undergraduate degree was in the bachelor's of arts in architecture University of Miami in Ohio. I have a second bachelor's of architecture from University of Arizona and masters of
architecture from the University of Arizona and I'm licensed in the state of Ohio and have been for the last 13 14 years. um been to countless sessions, uh four dozen or so. Um quite a few with RH
representative in Nashville, uh Cleveland, uh Minneapolis, Columbus, all similarities. >> Are you licensed in New Jersey? >> I am not licensed in New Jersey. Your office has an architect licensed in New
Jersey who will would be signing the plans. Correct. >> Correct. Anthony Rashidi wasn't able to make it today. He had another commitment. He is licensed in New Jersey and he did stamp sign uh the documents that were spent permit for uh each of the two uh such drawings that were
submitted at the short house. >> Did did Mr. should uh prepare the renderings and andor was he supervising? What was his role? >> Correct. He is the the supervisor of the
program. He is included in all of our staffing conversations. Uh he oversees the production of the documents. Um he oversees the quality control of the documents and he reviews each and every doc drawing before they then get submitted to the jurisdiction. And your
license in Ohio is in good standing. >> Uh yes, sir. >> And uh notwithstanding that it could be hearsay testimony. Is his license in New Jersey in good stand? >> Uh yes. >> It's legally okay. >> Okay.
>> Your testimony as a architect. >> Appreciate it. Um you know, Mr. Ker did a great job explaining all the various requests, the the scope of the project. Um the RH space as you mentioned is a two-story space, a full two-story
improvement to the exterior facade for the mall. Um we are going in the first story and below. Um when you look at the renderings, it's a a typical RH brand pallet. Um they use a very warm but classic pallet. Uh you'll see there's
only approximately four materials involved. You've got the glass, you've got aluminum framing of the window system and the Julia balconies and the awning which is their uh custom bronze color. Um you have the awning which is a
uh sunrella beige and then you have the exterior stucco system which is a troll applied uh finish. Um, since our last conversation, uh, we did receive some feedback for the base material and substituting our trout finish down to
grade. Uh, knowing that there will be salt and other conditions in the winter that would be susceptible for, uh, damage from that salty material. We've gone with a natural limestone. Uh, I'm sorry, it's a cast base. Um, we have a
product supplier out of Texas who does the majority of our bases um for our cold weather climates across the country. Uh, recently installed in Ohio and Minneapolis. Um, so they do uh it does stand up. Um, we do apply us
transparent sealer on the base as well to eliminate uh any water absorption of that material. Uh but that's uh a pro that's basically it. Um the the lights that you see on the facade um those are decorative
fixtures that are part of RH's catalog. Um they do get encased in a glass box. Um and there are lights on the second floor within the jam. There's a small uplight that gets to about 20% its capacity and it goes up into uh the void
underneath the awnings. So it just lights up that dark space. Um, so it doesn't seem like there's inactivity up there. And the same is true with the lower level. Uh, the light's a really lowwomen light. It places itself six inches off the face of the door, which is recessed in that opening. And the
light itself gets captured by uh, the awning. So again, just lighting up the underside of the awning, bringing light, bringing color, warmth to the >> And Mr. Keller spoke to uh, to the glazing, etc. Can you just confirm, you know, the material? Exactly. All the
glass you see is transparent glazing. Uh the first floor is transparent to the sales tour where all the associates are working, all the customers are shopping. Uh the second floor also glazing. Uh it is a small space for full furnishings, but RH intends to use a lot of that for
decorative artwork, tapestries, uh rugs, um some planting. Uh we do plan to fully condition that space and protect it. Um, so there will be fire protection from the interior systems and it's it will
maintain lighting for RH's and the malls uh for opening hours. Um, so it will stay live and active and fresh with RH's merchandise submissions. >> And you spoke also to the building materials. Uh, you described them. They
are all reflected in the plans that have been submitted to the board. Correct. >> Correct. There was a material pallet uh sheet in your package. Um it was updated since our initial submission uh with the inclusion of the estimates.
Uh there was a question about um deliveries. Uh once RH originally merchandises their space, they don't typically accept large format deliveries. Um that product line essentially stays through the life of the gallery. Um, if there are product
line modifications, those are done off hours and cycle through the loading bay area of the mall. Um, the only thing that they'd be receiving would be small UPS deliveries for, you know, additional toilet paper or, you know, swatch
supplies for their material samples that they hand to clients. So, very small scale. Any questions? Yeah. So, um question the extension doesn't go
to the basement. The basement stay as it is. >> Correct. The basement all the interior square footage is within the current footprint of the building. >> Okay. So I see in the basement that there is a service corridor which I believe is the corridor for delivery for
the mall for garbage but I don't see access to that service corridor from your interior. So how you get access to the service corridor? There is a mall and a landlord
development package for renovations to the interior footprint of the building that they are submitting under a separate permit that achieves the modifications to the landlord space to provide access to the adjacent tenants as well as our
so it's not within our >> correct >> so that question last uh So the resist light the one that are upright where are located the plants
>> uh I don't believe we have plants that but I don't see the picture of >> um so what we can show you one of the the example pages of the light fixtures you do >> before we do is this is this exactly as
submitted or is this an exhibit >> this is as submitted and it's in your packet this page um which does show the 22 in RH sign. Um we are not doing ear uplights, but we are doing the jam uplights. Uh they're
tough to see in here, but they nestle back beyond the face of the building. We're not currently showing them on our plan, but they'd be within the jam. Uh >> I mean just explain what a jam is just so
>> the the face of the vertical pier where the glass is and it they do not go proud of the face of the building. They're recessed from the face by about 6 in. So the can itself has a pretty uh tight spread for the light and that spread
goes up directly to the underside of the >> correct to the underside of the can. Okay. Anyone else? Professionals have any comments or questions? >> Question just appreciate the change of
debates. That was my comment for any questions from the public. >> All right. Thank you very much. Thank you. And we have no further witnesses. It concludes our case. Thank you. >> Very succinct. I think uh I was I was
commenting on how >> exactly I didn't know what more Mr. Warner, but uh yes, thank you. I think both of our witnesses provided a very good over here. Uh we we are proud of it. I think it's going to be we think it's going to be an amazing improvement
uh to the mall and and allow RH to grow in this space and uh really provide a nice year and appreciate everyone's time and consideration. Stephen, >> thank you very much. All right, time for discussion amongst
the board. I'll just say that I do think it looks great. I don't think there are any downsides to it. no more access to the mall, right? Direct access to RH. It's not going to affect parking. They're complying with the fire code and
whatever the fire sheet has recommended like our planner's comments. >> Yeah, I don't I don't see a reason why not to approve it. >> Approve the variance for the sign. Yes,
>> the chair just uh drafted my resolution. But it's certainly minor site plan approval one bulk variant C2 operative debasis and what the chair said. So I'll assume if it's a motion to approve it with all the stated conditions which
were also which were set for in all of the respective house motion to approve motion to approve. >> Have a second. Local call vote, please. >> Allison Canfield, >> yes. >> Jorge Makup Petro,
>> yes. >> Deborah Neas, >> yes. >> Frank Sakamandi, >> yes. >> Michael Zion, >> yes. >> Vice Chair Serini BJ, >> yes. >> Chair Gustin Hopper, >> yes. >> Chris Hrix, >> yes. >> Motion passes unanimously. >> Thank you very much everybody. Evening.
Appreciate it. Mr. Thank you. whenever the next >> Oh, that's right. >> If we get another Yeah, I do that all >> question. >> We're all y
Nice. >> All right. On to our next order of business. Uh we have two ordinances up for master plan consistency review. The first ordinance is ordinance 2735-26. proposed ordinance to amend the town's
development regulations and zoning ordinance medical uses. Would you like to go through memo or second ordinance? >> Happy to. Um good evening members of the board. Um um the ordinances before you this
evening are both products of examination committee. Um following introduction by the township committee um these ordinances are here for uh determination of consistency with the township master plan in accordance with this land use law the governing body may adopt ordinances that regulate the use of land
buildings prior to adoption of NJSA 44D-64 requires that the governing body refer the ordinances over here to the plan for review and determination whether the ordinance is consistent with master plan. Um the first ordinance that we will discuss this evening uh is related
to medical uses. Um the ordinance uh as drafted uh modernizes the definitional standards uh for medical uses and also creates clarity and distinction between different types of medical uses. Uh I provided a summary in section two which I'll walk through quickly. There's a number of items here but I'll touch on
them briefly. So first uh letter A, it amends the ordinance amends the definition for amatory surgical facilities to clarify that the use pertains to entities that provide surgical services to outpatients and no overnight accommodations may take place at these facilities. Uh number two or B uh amends the definition of medical
office to clarify the use serves outpatients only. No major medical procedures uh take place. No emergency or urgent care services take place and defines which ancillary services are also included within that use. Um C it amends the definition of retail sales to include massage and spa services. Um
previously uh massage and spa services did not have a clear um location um and sometimes construed or interpreted to be medical uses. So now by including those as retail services um they're more appropriately located outside of the medical definition. Uh item D adds a
definition of urgent care and defines the use um as a facility where patients are treated and depart on the same day. Uh E adds ambulatory surgical facilities and urgent care uh to have the same loading requirements as a hospital. Uh F adds minimum parking requirements for
ambulatory surg facilities, medical professional offices and urgent care. G, it adds ambulatory surgical facilities and urgent care as permitted principal uses in the highway business 2B, B2A, B2B, B2C zones. Um, office research O1
or R2 zones and as urgent care is permitted principal use in the CMO zones as well. Um, and finally letter H, it clarifies that the urgent care shall not be combined with both housing development within the CMO zone. Those uses cannot be collocated on one site.
Um as it relates to the to the master plan, the ordinance uh advances the following objectives and recommendations of the master plan that we have identified. Um goal one objective 1.01 to protect character established neighborhoods and encourage land use and development in an appropriate scale and density and location. Um two, promote
clear, user-friendly and transparent application review and hearing pro processes for development proposals and applications so as to assure an effective and well publicized mechanism for residents report quality of life issues and code violations and three review all the non-residential zones to
determine which are most appropriate for medical offices outside of the CNO zone which this ordinance advances as well. Um, finally, the planning board shall make transit committee report identifying any provisions in the pros ordinance that are inconsistent with master plan and may also make any other recommendations regarding uh these
inconsistencies or any other matters or appropriate have to answer any questions that anyone has um or any other items or >> I do have a quick question just the definition again of spa because that word is used broadly. I think we talked
about again. Can you just again just read that definition? >> Reiterate as far as uh so I can read I'll refer to the proposed. >> So essentially it's uh 301 I'm in the ordinance text itself section one of the ordinance tax er section 3015.
Uh the retail service definition is um amended. It's 301.24 to now include massage and services. So uh I'll read the ordinance definition in total that kind of gives you the global sense. Retail services are establishments primarily engaged in providing services involving the care of a person or his or
her personal goods or apparel such as laundry cleaning garment services, photographic portrait studios, beauty and barber shops, massage and spa services which has been added uh and shoe repair shops. Retail services shall not include that convenience in the sale of products or merchandise including
food or drink to the public. Retail services shall not include those uses defined under medical office as defined in this going to create that clear distinction. >> If the if I may, Mr. Chairman, if the board is amendable and concurs with Mr.
Pedto's not inconsistent uh opinion. Uh we do have our usual resolution uh finding that this particular ordinance is not inconsistent with the master plan. So you can go right to adopting same uh and
that would be the constitute the report back to the governing body so they can proceed with second reading and talk with the hearing on the ordinance. Can I just one more question? Is there a definition of massage? >> Um, there is not, but in this case that
often refers back to the definition standards that are set forth in New Jersey administrative code where there is a definition for massage and services. Okay. Um, and the licensing therein that's also required. >> Okay. And with the um the ambulatory surgical facilities, >> yes.
>> Is there anything in there about you know ambulances themselves? um whether they would be bringing patients picking up using sirens and >> so we have um we have we have a provision in the definitional standard
as well. I'll read the definition to to help you um so it's 301.6 the definition for amulatory surgical facility now reads any it's proposed to read any distinct and independent entity that operates exclusively to provide surgical services to patients on an outpatient
prescheduled basis. Such facility shall not provide overnight accommodations. All patients shall be discharged on the same calendar day as admission and in no event later than midnight. Patients arrival by ambulance is permitted only in compliance with the definition of basic life support non- emergency as set
forth in the New Jersey administrative code. Uh amulatory surgical facilities do not include licensed facilities hospitals under also the New Jersey administrative code. So it needs to ambulatory transport is only allowed under this basic life support condition. You can't have routine ambulatory
arrivals. >> Okay. So, does that preclude the use of like a a siren because it's nonlifethreatening? So, there's no reason to think that they could turn the sirens on. Um,
>> yeah. So, right. Exactly. So, if it's scheduled through basic life support, non-emergency conditions. Correct. Now I can't tell you that if there is an actual emergency and if a patient needs to be transported to a higher level facility that they would not use sirens you know in an e situation but on a
regular basis >> but on a regular basis correct um patient arrival by ann discussion All right. Now, with that, I will make a motion to find this ordinance 2735-26
not inconsistent with the master plan and also make a make a motion to approve the resolution as Steve has stated. Do I have a second? Second. Roll call, please. >> Allison Canfield?
>> Yes. >> Jorge Master Petro, >> yes. >> Debra Neas, >> yes. Yes. Frank Sakamandi, >> yes. >> Michael Zion, >> yes. >> Vice Chair Serini BJ, >> yes. >> Chair Gaston Habert, >> yes. >> Chris Hinrix, >> yes.
>> Motion passes. On to ordinance 2736-26. Also here for master plan consistency review. Um the ordinance will amend the township's development regulations and zoning ordinance for use definitions. >> Sure. >> Again, can you please take us through
it? >> Absolutely. Um so once again uh you know this this ordinance again is here on the same jurisdictional basis as I had just discussed in the prior. The governing body refers these ordinances here for mastery review. Um as part of a step back the zoning code examination committee as part of our work um did a
comprehensive audit in looking at all of the uh permitted uses within each zone district and identified several gaps as far as not having a corresponding defined term for these permitted uses. Um this was first identified because the zoning officer was presented with a use case um and did not have corresponding
definition as to how that use was defined despite it being a permitted use within the zone. Um so we went through a process to um go through each zone district in detail, identify those uh permitted uses that did not have a corresponding definition and then presented that definition uh
appropriately. In addition, we also identified that we had several uses that were defined permitted principal uses but did not have a corresponding parking requirement as well. So, we've also incorporated that now as well. Um, so we should have a full comprehensive set of the ordinance here uh following adoption
of this ordinance. I'll walk through each of the uh proposed uh uh changes that are listed in section two of my memo. Um, forgive me there's 18 of them, but I'll try and go quickly. Um, and then I'll talk about um uh consistency. Um so first as I mentioned it adds and
updates uh definitions for several uses that were previously undefined. Uh the first is that we've added a definition for brew hub which permits manufacturing of alcohol beverages on site um and allows a restaurant use immediately joining the group hub. Uh second we've added a definition for co-working or
shared workspaces. Uh we've added a definition for cultural center which permits presentations, performances and instructional and instruction of cultural artistic or educational activities. We've added a definition for drive up or drive through windows and defines and uh and defines it as a portion of a building that allows
customers to remain in their vehicles. We've added definition for leasing, sales or management office um which permits an area that is located within a residential misuse building is used for operations associated with such uh development. We've added a definition for maintenance, trash and recycling areas which is discussed within the
ordinance. add a definition for mixed use development to clarify what uh that is configured of as building with two or more permitted principal uses with shared parking. We've added a definition for museum. Um we've added a definition we've updated the definition of office
to include reference to co-working or shared work workspaces. Now that we have a definition for such uh we've added the definition of radio antenna or satellite receiving station residential and non-residential and clarified as a structure use permit signals wireless telecommunications are not permitted in
residential zones but are um and then we've removed the definition of recycling area and amended that to now include rap use of a solid waste enclosure which is discussed at length in the ordinance. Um, we've added the definition of residential amenity space to define what that means. Uh, we clarified that it is a shared common
area for residents in the mixed use or multif family development. We've added the definition for science scientific or research facilities. Um, it clarifies it as a space devoted to research, experimentation or product development or testing. Um, that's actually the use case that was lacking a definition but
just for the benefit of everyone here. Um, we've added a definition uh for sustainable building and site design features. Um, and this is important because it relates to section 531, which is the checklist item which requires sustainable building and design features uh for applications. Here at the board, we've added a definition for warehouse,
which we previously did not have defined, a definition for wholesale business, and we've added parking requirements for all these work uses that did not have such parking requirements, group hubs, museums, cultural center, co-working or shared workspaces, light assembly or manufacturing who services.
Um, so a number of changes I'll say. Um with respect to the master plan, the ordinance advances the following objectives and recommendations. Uh goal one objective 1.01 to promote protect the character of residential neighborhoods and encourage land use and development and appropriate sale and
density. Uh goal one objective 1.02 promote the appropriate mix of development in downtown and other commercial areas. Goal three objective 3.01 1 provide for the continuing educational and cultural needs of the community including recognition of the role of paper playhouse correum gardens Melbourne library and other art
cultural related institutions now that we have a definition for such use helps to advance those opportunities goal four objective 4.01 promoting opportunities for high quality retail and commercial activity in all business districts goal four objective 4.03 03 leverage opportunities for new partial development or redevelopment of existing
properties where appropriate. Now that we have further defined uses, we can allow for uh new uses. Goal six, develop and implement strategies to address town sustainability and resiliency into adapting climate change. Uh this is advanced by uh through better definitional terms around use and waste
uh storage management. Uh goal six objective 6.01 One require private development to incorporate sustainable design practices that control burnoff, improve street gaps, increase energy efficiency and prov and preserve open space and greenways. We do that through now formally defining sustainabil sustainable design features. Goal six
objective 6.11 adopt green building ordinances. And um finally um the last one promote the master plan recommends that uh the ordinances promote clear user-friendly and transparent application review and public hearing processes for development proposals and applications so as to ensure an
effective and well publicized mechanism for residents for quality of life issues and code violations by presenting all these terms uh in clear standards. And once again um the board shall make transmissive touch committee report identifying any provisions in the
proposal they're inconsistent with master plan. I'm also making additional recommendations as any questions have answered. >> Just a quick question on A1 the definition of coupon. >> Um yes
>> I I think if you're manufacturing alcoholic beverages cannot um I mean cannot sell food at the same uh can you make and sell food at the same price >> with respect it depends on the the licensing type. I believe it is
precluded, but that's that's set by the New Jersey Alcohol and Beverage Control Commission, not not by the municipal ordinance. And in fact, the definitional term, I believe, that we've included here does make reference to um I'll just read the first sentence. The definition for brew reads as follows. an
establishment operating under a restricted brewy license as defined by the New Jersey Division of Alcohol Beverage Control, which permits a manufacturer of alcohol beverages and limited quantities for consumption on the premises um of a rest of a space holding a plenary retail consumption
license. So, it's very narrowly defined and in accordance with the state provisions. Um for eight, it's um museum is defined for the preservation of historical objects, which means if an
art museum wanted to come in, there would not be this would not apply for a great question. Take a look. Um the full definition that was kind of a little bit shorthand. Uh the full definition for museum reads, "A building or portion thereof opens to the public use for the exhibition and preservation of objects
of educational, scientific, cultural, or artistic interest. A museum may include accessory retail, sales, cafes, classrooms, and other offices customarily incidental." >> So that was just >> it was a little bit short. Yeah, it didn't include the preservation of objects of cult education. Okay.
educational scientific cultural or artist questions questions any discussion same resolution different ordinance number
make a motion to find ordinance 2736-26 not inconsistent with the master plan and also to adopt the resolution as you stated. Do I have a second? >> Well, raised. Pick one of us.
>> We have roll call vote, please. >> Allison Canfield, >> yes. >> Jorge Master Petro, >> yes. >> Deborah Neas, >> yes. >> Frank Sakamandu, >> yes. >> Michael Zion, >> yes. >> Vice Chair Sweeney VJ, >> yes. >> Chair Gston Hopper, >> yes. >> Chris Hinrich,
>> yes. Motion passes unanimously. All righty. Uh, next up is the executive section for pending litigation case number 225 CD 17318 SDW-Ame
I, Center for Living Judaism Incorporated versus Township of Milbour, New Jersey and Township Township of Milurn, New Jersey Plan Board. Steve, can you please get us up? >> Certainly. >> Not almost.
>> The Before we go one programming note, uh the the um we after we go into executive session and come out of executive session, we're just going to make a motion to adjourn the meeting. There'll be no formal action taken and really no further business once we come
back other than to move to adjourn. Uh so there need not be a reason in my opinion to uh come back on uh uh remotely. The the uh that said the resolution half of which uh is what the chair just said. Uh that is the subject
matter of the resolution uh it is one of the exceptions to the over public meetings act under section seven for pending litigation. Uh and it's anticipated that the deliberations conducted in the closed session may be disclosed to the public upon determination by the board that the
public interest will no longer be served by such confidentiality and the resolution would be affected immediately. Uh we there's a motion second and a quick roll call vote to go into close session. I'll make the motion. Do I have a second? >> Second. Roll call, please.
>> Alison Campfield, >> yes. >> Jorge Master Petro, >> yes. >> Deborah Neas, >> yes. Frank Sakandu. >> Yes. >> Michael Zion. >> Yes. >> Vice Chair Sin VJ. >> Yes. >> Chair Gas Pepper. >> Yes. >> Chris Himer.