We're here. Let's get started. >> For real this time. >> For real. >> Good evening and welcome to the October 27th, 2025 meeting of the city of Summit Planning Board. My name is Steven Spur and I have the privilege of serving as
chair of this August body. If you'll please rise, we will begin first with the pledge of allegiance. >> Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and
justice for all. >> Thank you. In accordance with New Jersey uh statute 104-10, adequate notice of this meeting has been provided to newspapers of record and has been posted here in city hall. For the benefit of the interested public, this meeting is being livereamed to the city's YouTube page and also broadcast on Summit's
government channel, which is Comcast channel 34 and Verizon channel 30. Any hearings or applications for development in this meeting are Quasojudicial Proceedings. Any questions or comments must be limited to the issues that are relevant to what the board may legally consider in reaching a decision and a quorum appropriate to a judicial hearing
must be maintained at all times. Please note that fire exits are to my right, your left, and at the back of the room where you entered. The city has a listening system to assist the hearing impaired. If anyone needs hearing assistance, please obtain the necessary equipment here at DES and return it immediately after our meeting. Miss Ans,
we would please call the role of the members. >> Chairman Spur >> here. >> Vice Chair Bolson >> here. Mayor Fagan >> here. Council member Hamlet >> here. >> Miss Bowen >> here. >> Mr. Dolmaso >> here. >> Mr. Fel
>> here. >> Mr. LJOY. >> Mr. Salah is excused. Mr. Stern >> here. >> Mr. Stuntton >> here. >> You have a quorum. You may proceed. All >> right. Thank you. And welcome back Mr. Felmet. Especially happy to have you. Um uh additionally on the deis and uh
beyond our members uh Steve Warner typically uh is in attendance but we're being graced this evening with Chris Soi who will be serving as the playing board's attorney until Mr. Warner appears. Uh Mr. Warner or in this case Mr. Soies will advise board members on
matters of law and serves as a key interface with each applicant's attorney. Mr. Soies or Mr. Warner will not vote on the applications or other matters formally considered by this board. Uh Jessica Sans, who you heard from earlier, is a city employee and is the planning board secretary. Miss Sans assists applicants in preparing their
applications, planning our agendas, and keeping our meeting minutes. Miss Sans also does not vote on the applications or other matters formally considered by this board. Also present is one of our two principal board professionals who in addition to our attorney uh are contracted annually by the board to
provide input to the board. Uh tonight we have board planner Tom Barren from Burgess Associates. Uh Mr. Barren is seated at the table to the right of the board. the public's left. Uh Mr. Vance does not vote on the application on any applications or matters considered formally by the board. Our board
consists of 11 members and all members while all members can participate in the hearing tonight. Um a maximum of nine can vote. All applications require a simple majority to be approved. Um you can ignore most of that application language as we're not actually hearing any applications this evening. Uh but we're going to table a number of things.
We're going to move a couple of agenda items. So, uh, bear with me for folks for a single folk here in the attend in the audience tonight or those watching. Um, we're going to progress through the agenda as follows. So, follow with me
here. Uh, item four, presentation, uh, environmental resource inventory. We're going to carry that to a later meeting and appreciate the flexibility of the environmental commission in accommodating that rescheduling. Uh we uh are going to potentially discuss the
DRRO amendments, the master under master plan consistency review after a close session discussion um or rather close session discussion of the items listed on the agenda. Um and we will take action on first the resolution of withdrawal without prejudice for 68
Valley View Avenue. Um we're going to table the resolution of award of professional services contract for special litigation council. We'll offer a little bit of context around that when we get to it. Um, and again, at the close of the meeting, we'll uh potentially return back to the master plan review. Uh, but certainly seek to
close out the evening with our uh Tatlock Lights capital project review resolution for memorialization and minutes for memorialization. So, if you're not wildly confused by that, >> the agenda is basically in reverse. >> Yeah, it's essentially in reverse. Um,
so I think with that, let's knowing that we're going to skip the ERRI, uh, for at least for the purpose of this meeting, uh, we can move, uh, first under resolutions, uh, for 68 Valley View Avenue. This is a resolution for withdrawal without prejudice. I don't
know if Are you here by chance for that? Okay. >> Interested in it. >> Interested in it. Okay. Fair enough. >> Okay. >> Okay. Fair enough. Um, maybe Chris, just a little bit of background on that. >> So, Mr. Chairman, I can tee this up for you. So, this was concerns an application of uh Keshan and Cara
Mangalani. I hope I'm pronouncing that correctly. Uh concerning property located at 68 Valley View Avenue, block 3001, lot 4. Uh we got a letter from their attorney on September 22nd, 2025 indicating that they had no longer wanted to proceed with the application
and they requested that the the application be withdrawn without prejudice. Essentially, the board it's like a kind of a court case, you know, quasi judicial proceeding, right? somebody files a suit, they want to withdraw the suit. So that they're just asking you to dismiss it without prejudice, meaning that they could have the right to bring it forward at some
point in the future if they want to. It's good practice to do just so there's a written record of, you know, what was before the board, what leaves the board, and you know, always good to have a paper trail. >> So pretty straightforward. If anybody has any questions, please let me know. I'd be happy to try to answer them. >> Any questions from the board regarding
this resolution? >> Okay. I If you have any questions, you're certainly welcome to ask them. It's okay. >> It's okay. Okay. If you do have anything afterwards though, Jessica Sans in our land use office is the best person to direct your questions to. We'll be happy to help. Um, so with that, we'll ask for
a motion and a second uh to approve this resolution withdrawal without prejudice for 68 Valley View Avenue. >> So moved. >> We have a second. >> Second. And we want to voice uh we want a roll call vote if we thank you. >> Vice Chair Balsson Alvarez. >> Yes.
>> Mayor Fagan. >> Yes. >> Council member Hamlet. Yes, >> Miss Bowen. >> Yes, >> Mr. Domaso. >> Yes, >> Mr. Felman. >> Yes, >> Mr. Stern. >> Yes, >> Mr. LJOY. >> Yes, >> Chairman Spur. >> Yes. All right. So, you can hang if you
like or you can go. Whatever. Whatever you prefer. >> Curious. >> Thank you for coming. But if you do have questions, please reach out to Jessica. >> Yeah, of course. Thank you. >> Thanks for coming. >> All right. One item down here. Yep. Tell Mr. Warner to pick up the pace. All right. >> No. Um, put the turbo in the car.
>> That's exactly rolling. Um under the resolutions uh we had noted I had noted earlier that we're going to table the resolution of award of professional services contract for special litigation council. Um if those anyone's not familiar with docket number unn-3186-225 that's the t the pending tatlock lights
litigation uh for which the planning board the zoning board have been named um as defendants along with the the city. Um we just as a general matter and not disclosing anything particularly confidential uh Mr. Warner or Mr. Warner's firm is representing the
planning board in that matter and uh we'll do so for the purpose of this um of addressing this particular complaint naturally in conjunction with the zoning board's attorney and the city solicitor's office. Uh this was prepared in anticipation of uh Mr. Warner um
needing to secure a separate budget essentially a separate budget line item um to support the legal fees associated uh with the planning board's defense. But uh we don't believe at this time it's going to be necessary to to vote on that um given his particularly focused and efficient uh response to the
complaint that he'll be providing um if it changes the thing's written. So we can always entertain it at a future date. Um, so there's no action we need to take regarding that uh res that resolution that was drafted and presented earlier. Um, we're going to address the Tatlock Field Lights Capital
Project Review Resolution for memorialization after uh close session. Um, we can adopt the minutes for memorialization from July 28th, 2025. I know we're kind of jumping around, Jessica, so thank you for putting up with
>> we're getting there little shuffle tonight. Um, did anyone want to make any edits first? >> Well, two separate minutes, right? So, I guess we'll take the regular meeting minutes first. >> This is for the normal meeting minutes. >> Do you have questions for >> I had just >> Oh, one second. Our ever astute vice
chair. >> Sorry. >> For July 28th, 2025. >> Yes. Okay. Um under application for um 68 Valley View, we just need a period after all options available and before
John Kaplan. That's not that big a deal. Um my question was for the attorney. Do we uh it says Mr. Warner, board attorney, stated that in his opinion, the content was sufficient, timely served, and published and that he would
like to have his advice on the record. I don't know if we're giving advice like did he mean advice >> or should we just say opinion again >> because he wants his opinion >> well on the record. >> I guess it depends how you interpreted the word advice. I guess he's advising
you that in his opinion the content was sufficient timely served etc etc. >> Yeah. >> So I mean at the end of the day >> if it doesn't matter then I'm fine with it. >> The long answer or the short answer it doesn't matter. >> Good. Okay. Got it. because I was I was wondering if it if it could be interpreted to anybody other than us
>> the advice. That's really why I was asking. >> I guess you could just to clean it up. You could say >> he advises us, but he doesn't advise the public or the applicant or anybody else. And that's >> I think it's understood that it's to the board, but if wouldn't be a bad idea to throw in his advice to the board >> on the record and just make that edit
just to clear it up. >> That was the only >> Yeah, that was a good test of Chris's preparedness for the >> What was your first edit, Vice Chair Balsson? Where where was the period? >> Sorry, >> I got it. >> Oh, the first >> You got it. >> No, the first edit. >> The period. >> Oh,
>> I think the period goes there. >> After to weigh all all options available. Period. John Kaplan. >> Got it. Thank you. >> Yep. >> Yeah, I think that made sense. I don't know. >> And then in this paragraph, it says Mr. Warner board attorney. Okay.
>> Advice to the board. >> Yep. Any other edits? >> No. Okay. So, let's take ask for a motion and a second to approve the public meeting minutes of July 28th, 2025.
>> So, moved. >> Second. >> Roll call, Chris, on that. Or is that a voice vote? >> Uh, roll call it. >> Better safe than sorry. >> So, the eligible members to vote are Chairman Spur, Vice Chair Ballsson Alvarez, Mayor Fagan, Mr. Dalmaso, Mr.
Loy, and Mr. Stern. Uh, Vice Chair Balsson Alvarez, >> yes. >> Mayor Fagan, >> yes. >> Mr. Dolmaso, >> yes. >> Mr. Stern, >> yes. >> Mr. Loy, >> yes. >> Chairman Spur, >> yes. >> Okay. And next up, the same members are eligible to vote. This is for the close
session minutes for July 28th, 2025. >> Anything catch your eye? >> No. >> Okay. Anyone else? Just in case they were reading us carefully. Okay. Uh, with that, we'll ask for a motion and a second to approve the close session minutes of July 28th, 2025.
>> Second. >> And a roll call when you can. >> Vice Chair Bolson, >> yes. >> Mayor Fagan, >> yes. >> Mr. Dolaso, >> yes. >> Mr. Stern, >> yes. >> Mr. Ljoy, >> yes. >> Chairman Spur, >> yes. >> Okay.
All right. Now, we're going to ask for a motion and a second to move into close session for the purpose of discussing uh first attorney client privilege matter housing element and fair share plan mediation update and second pending
litigation tatlock field lights capital project and I believe there was a resolution that was prepared. >> Yes, Mr. Chairman. Uh I do have to read it into the record just to be uh just to cross all the tees and dot all the eyes. Okay. Uh whereas NJSA104-12 the open public meetings act permits the
exclusion of the public from a certain from meeting in certain circumstances and whereas it is necessary for the planning board of the city of summit to discuss in a session not open to the public certain matters relating to the item or items authorized by NJSA 10 col4-B127
and designated below. Now therefore be it resolved by the planning board of the city of Summit County of Union State of New Jersey as follows. Number one, the public shall be excluded from the discussion of the hereafter specified subject matters. Two, the general nature
of the subject matters to be discussed are matters falling within the attorney client privilege. specifically pending litigation entitled Tatlock Community Preservation Association v City of Summit, the planning board of the city of Summit and the City of Summit Board of Adjustment, docket number UN-L-00003186-25
and the fourth round uh housing element and fair share plan mediation update. Number three, it is anticipated that the deliberations conducted in close session may be disclosed to the public upon the determination of the planning board that the public interest will no longer be served by such confidentiality. Number
four, this resolution shall take effect immediately. And that's it. And I guess I'll also just note as you stated, Mr. Chairman, uh we will certainly be taking action, I believe, on the uh resolution for the uh Ed Butler Parkway, the Tatlock Field Capital Lights project
review. Uh and potentially potentially consistent review. >> Exactly. Yeah. Just so members of the public are aware even though somebody's laying down in a pew somewhere. That's what we're >> there watching at home. >> Exactly. Yeah. Very popular. >> We will be back at a certain point in
time to uh take care of the rest of the agenda items. Just won't we'll let everybody That's right. >> who's watching be aware of that. So, do we have a motion and a second to enter into close session to uh discuss the two items noted on the agenda and elaborate upon in the resolution? >> So, moved.
>> Second. >> Okay. We want a roll call vote if we can. >> Yep. >> Vice Chair Balsson Alvarez. >> Yes. >> Close session. >> Yes. To go into close session. Yes. >> Mayor Fagan.
>> Yes. >> Council member Hamlet. >> Yes. Miss Bowen, >> yes. >> Mr. Delaso, >> yes. >> Mr. Felman, >> yes. >> Mr. Stern, >> yes. >> Mr. Loy, >> yes. >> Chairman Spur, >> yes. >> Love it. >> All right, we'll be back, ladies and
gentlemen. All right, that's Jay's signal to turn us back on. All right, welcome back, friends. The planning board has returned from our closed session. I'll ask for a motion and a second to return to the public meeting. >> Motion second.
>> A roll call or All in favor? >> All in favor of. >> Any opposed? >> Oh, excellent. Wonderful. Um, we now are here to address the final unresolved item. >> Um, the Tatlock field lights capital
project review resolution for memorialization. Just as a note, uh, we are going to carry the master plan consistency review for various DRRO amendments. uh we anticipate that to be uh addressed at the November
24th meeting. Um so hold hold on to yourselves there and we'll see you then for that item. Um maybe I don't know Steve if you want to speak offer a general introduction to this resolution for memorialization. >> Happy to tee it up as always Mr. Chairman. I appreciate the opportunity
to do so. This is the Tatlock Athletic Fields Capital Project Review under section 31A. We had that public hearing, if I recall correctly, at the last meeting uh almost a month ago. Uh and this was a proposal to install two sets of four freestanding athletic field
lights at the Tatlot Athletic Fields, lots one and two within block 401 at 80 Butler Parkway. uh and we have drafted a resolution memorializing the board's uh review and recommendations in regard uh
to that project review referral. Uh hopefully it is accurately memorializes uh your uh decisions in that regard uh as well as the recommendations made. uh the primary uh determinations by the
board that the city is generally exempt from the requirements of zoning and that exemption specifically applies uh to uh any need which you do not have as the city to site plan uh get site plan approval or variance relief for the capital project. Uh we there was also a
finding that to the extent there's private involvement, it was reasonable for the city's exemption from the requirements of zoning to continue and to the extent necessary uh to extend that exemption to extend to any private individuals and entities involved with
the project. Uh it also provides that the municipal land use law does not require the planning board as opposed to the city to adopt a capital improvement program prior to having uh uh uh the authority to conduct a capital project review
particularly when such review is referred to the planning board by the city. Uh it also rec uh recognizes and finds that the board of education owning a portion of the property does not require the city or the board of education to obtain site plan approval
and in fact the planning board's authority over the capital project remains strictly recommendatory. And finally that the board has reviewed the proposal in conjunction with the city's master plan as is its obligation uh on a capital project review under section
31A. and you found that the project is consistent with the master plan and you offered certain recommendations uh that in your opinion uh would render the capital project even more consistent with the master plan. Those were 10
resolutions, but they became 11 if I understand correctly. Uh that in addition to the 10 that are listed in this resolution uh that was uh uh distributed many days ago uh for the board's consideration uh there's an
additional 11th uh uh resolution uh excuse me condition uh the use of the field recommendation. Excuse me. That's right. >> It's not an 11th commandment. That's not it's an 11th recommendation. Uh the use of the field uh shall be
limited to summitbased organizations except in the case of an emergency request by a neighboring municipality. So, with that understood request for a
modification of the resolution that was distributed to the board, it is now time for the board to hopefully make a motion, second, and roll call vote of those qualified to vote on the capital project review uh to let me know if we got it right uh and to adopt the
resolution as drafted with that one modification. Any other questions or comments before we >> Okay, then I will >> just one just one comment. I think Susan, you made a good point with this emergency uh use of the field. You just want to just tell talk a little bit
about why you put that in there. >> I'm old enough to remember that Milbour floods every time there's a half an inch of rain. And I think that if there were a circumstance where something happened to the Milbourne field for say 7 weeks or something that this could be solved
with a quick phone call between the two boards of wreck and done. >> Yeah. I think um Mr. Chairman, what I would like to say at least publicly is that our intent is for these fields to be used for for summit youth um and then we're not going to have other towns come
in and use these fields. Uh our names are on this so that's the goal. There's a random once in a blue moon, you know, opportunity, but other than that, these are first summits kids. >> And to clarify, this was discussed in the in the prior hearing, the capital
project review, and for the purpose of memorializing uh the resolution. We're simply just uh crossing some tees, dotting some eyes to ensure that it fully reflects uh what was testified to and um the decision of the board. >> And the mayor mayor,
>> I I just want to make one comment. I wouldn't limit us to summit youth. I would say summit residents just to be clear. >> Yeah, >> summit res. >> See Mr. Warner's nod to the affirmative. >> So with that, um, can you Jessica just remind us who the eligible voting
members are? >> The eligible members to vote are Vice Chair Balsson Alvarez, Mayor Fagan, Council Member Hamlet, Miss Bowen, Mr. Delmaso, Mr. Stern, Mr. Stuntton, Mr. Lejoy, and Chairman Spur. >> The 1:35 a.m. club. All right. And with
that, I'll ask for a motion and a second um to approve this uh resolution for memorialization. >> So moved. >> Second. >> And then we'll do a roll call. >> Wait, did you get your motion a second? Okay. >> Vice Chair Bolson Alvarez? >> Yes. >> Mayor Fagan?
>> Yes. >> Council member Hamlet? >> Yes. >> Miss Bowen? >> Yes. >> Mr. Domo? >> Yes. >> Mr. Stern? >> Yes. >> Mr. Loy? >> Yes. >> Mr. Stton? >> Yes. >> Chairman Spur? >> Yes. Okay, with that I'll entertain a motion
and a second to adjourn this evening's rather early 9:15 p.m. meeting. Do we have a motion? >> So moved. >> A second. >> Second. >> All in favor? >> Any opposed? All right, we'll see most everyone November 24th, 2025.
Thank you.