Millburn, NJ Planning Board
Sundays tracks every public Planning Board meeting in Millburn, NJ and summarizes what was decided — master-plan re-examinations, redevelopment areas, rezonings and land-use ordinances. Land-use items are kept off the weekly Sundays email (they're a specialist read), but every one is archived here and verified against the official meeting record. 73 items on file; most recent October 11, 2026.
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Discussion: Potential Bylaw Change to Start Meetings at 7:00 p.m. and End at 10:00 p.m. (Effective January)
The Chair raised the possibility of changing the Board’s meeting start time from 7:30 p.m. to 7:00 p.m. and ending at 10:00 p.m., requiring a bylaw update and re-noticing. A motion was made to look into changing the bylaws with the goal of starting in January.
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Master Plan Consistency Review: Ordinance 2775-26 (Establish Main Street Community Zone)
The Board reviewed Ordinance 2775-26 establishing a new Main Street Community (MSC) zone to support adaptive reuse and a mix of residential and neighborhood-scale commercial uses, with flood hazard compliance requirements and size limits for non-residential uses. The Board adopted a resolution finding the ordinance inconsistent with the Township’s master plan.
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Extend Meeting to 11:00 p.m.
The Board voted to extend the meeting until 11:00 p.m. The motion was seconded and passed.
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Master Plan Consistency Review: Ordinance 2774-26 (Home Occupations / Home Office Standards)
The Board reviewed Ordinance 2774-26 addressing home occupations and home office activity in residential zones, including definitions, permitting, exemptions, and operational standards. The Board extended the meeting to 11:00 p.m. and then adopted a resolution finding the ordinance inconsistent with the Township’s master plan.
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Public Comment (Continued) – Requests for Conditions: Historic Preservation Commission Review, Weekend Work, and Recording of Commitments
Board members and the public discussed possible conditions to address concerns, including Historic Preservation Commission review for the new house, maintaining the existing house, limiting weekend work, and documenting commitments. There was discussion about whether conditions should be recorded in title records and concerns about long-term enforceability and impacts on future sales.
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Application 26-007 – Applicant Principal Testimony: Renovation Intent, Neighborhood Character, and Willingness to Coordinate on Design
The applicant’s principal was sworn and testified that the intent is to preserve and renovate the existing home and build a second home that fits the neighborhood. He described the existing house as in poor condition, stated he plans a full renovation, and expressed willingness to work with the Board and neighbors on exterior materials and design.
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Application 26-007 – Engineering Testimony: Site Conditions, Subdivision Layout, Driveways, and Reports
The applicant’s engineer described the existing site, topography, and subdivision design, including use of the existing driveway and a new driveway for the future lot. He referenced police and fire marshal reports and explained the limited disturbance proposed, including steep slope considerations and stormwater compliance.
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Application 26-007 – Completeness/Jurisdiction Confirmation (Consulting G2 LLC, 44 West Road, Block 3405, Lot 8)
Before testimony, the Board confirmed jurisdiction for Application 26-007. The Board’s professional confirmed service by affidavit, with notices mailed September 24 and published September 25, satisfying the 10-day requirement.
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Revised Master Plan Consistency Resolution for Ordinance 2770-26 (Data Center Prohibition) with Caveats
The Board considered a revised resolution regarding master plan consistency for Ordinance 2770-26 addressing prohibition of data centers in zoning districts. The revised resolution included several caveats for the Township Committee. After discussion about memorializing prior action and process, the Board voted to adopt the revised resolution.
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First reading: standards for home occupation accessory uses in residential districts
Ordinance 2774-26 was introduced and passed on first reading to amend the zoning ordinance to establish standards for home occupation accessory uses in residential districts. The public hearing/final passage was scheduled for Tuesday, November 10, 2026 at the Millburn Education Center.
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Withdrawing data center ordinance 2770-26 from consideration
The Township Committee considered and adopted Resolution 26-213 withdrawing ordinance 2770-26 (data center ordinance) from consideration. A comment noted the Planning Board’s view that the original ordinance was consistent with the Master Plan but needed further work to proceed properly.
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Committee Reports: Deputy Mayor (community events, data center ordinance withdrawal, library, apology)
The Deputy Mayor reported on Rocktoberfest, an Environmental Commission special meeting and Planning Board work related to a data center ordinance, library camera system upgrades, and issued an apology related to remarks at a candidate forum.
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Ordinance 2770-26: Prohibition of data centers in all zoning districts — master plan consistency review and recommendations
The Board reviewed Ordinance 2770-26, which defines “data center,” distinguishes it from accessory server rooms, and prohibits data centers in all zoning districts. After discussion about technology evolution, thresholds, and potential overbreadth, the Board voted that the ordinance is inconsistent with the master plan and recommended revisions and future re-evaluation.
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Ordinance 2768-26: Accessory structures, mechanical/exhaust equipment, and service areas for multifamily, non-residential, and mixed-use development — master plan consistency review
The Board reviewed Ordinance 2768-26 concerning consolidated standards for accessory structures and service equipment for multifamily, non-residential, and mixed-use developments, including screening and location rules. The Board voted that the ordinance is consistent with the master plan.
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Extend meeting time to 11:30 p.m.
The Board voted to extend the meeting by one hour, to 11:30 p.m., to complete remaining agenda items.
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Applicant traffic testimony: circulation, crosswalk visibility, transit access, and traffic generation comparison to previously approved hotel (Carl Panky)
The traffic engineer testified that the site was designed for a more intensive hotel use and that the proposed age-restricted residential building would generate substantially less traffic. He discussed crosswalk visibility enhancements, stop control at the JFK entrance, bus service and senior shuttle availability, and possible roadway striping options.
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Expert qualification: Carl Panky (traffic engineering)
The applicant presented Carl Panky of Lang Engineering, who was accepted as an expert in traffic engineering.
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Expert qualification: Thomas Carman (landscape architecture)
The applicant presented Thomas Carman, who was accepted as an expert in landscape architecture after stating his licensure and experience, including prior work on Phase One.
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Applicant architectural testimony: building design, unit mix, affordability distribution, garage/lobby layout, fire code items, EV charging, and building systems (Chris Boom)
The architect described the Phase Two building atop the existing garage, including 115 age-restricted units with 23 affordable units, internal garage modifications, amenity spaces, materials, and compliance with zoning and fire official comments. Board questions addressed age-restriction rules, unit distribution, EV charging, lighting, and mechanical equipment screening.
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Expert qualification: Chris Boom (architecture)
The applicant presented architect Chris Boom, who was accepted as an expert in architecture after stating his licensure and experience.
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Expert qualification: Craig Herman (civil engineering)
The applicant presented Craig Herman, who was accepted as an expert in civil engineering after providing his credentials and experience.
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Grant of checklist submission waivers (12 items) to proceed with Application 26-006
Based on the Board Planner’s memo, the Board granted 12 checklist waivers to allow the application to proceed, with discussion about stormwater documentation and the Board’s ability to request additional information as a condition of approval.
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Swearing in of applicant witnesses and board professionals
The Chair swore in applicant witnesses and board professionals who would provide testimony during the application hearing.
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Agenda modification: Resolution for Whispering Wood settlement agreement carried to October 7, 2026
The Chair stated that the resolution regarding the Whispering Wood settlement agreement was not ready and would be carried to the October 7 meeting.
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Close executive session and reopen public session
After executive session, the Board voted to close the executive session and reopen the meeting to the public.
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Resolution to enter executive session for pending litigation (Ray v. Township of Millburn, Docket UN-L-587-25)
The Board adopted a resolution to enter executive session to discuss pending litigation identified as Ray v. Township of Millburn, Docket UN-L-587-25, and then went into closed session.
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Committee responses to final public comment period
Officials responded to final public comments, acknowledging support for volunteers and community events, addressing redevelopment plan questions, discussing traffic calming and enforcement (including Wyoming Avenue), and commenting on NJ Transit service concerns.
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First reading: define and prohibit data centers in zoning districts
The Township Committee introduced Ordinance 2770-26 on first reading to define data centers and prohibit them in zoning districts, noting changes were made the prior afternoon; public hearing set for October 6, 2026.
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Committee and staff responses to first public comment period
Officials responded to public questions on the Creative Arts Advisory Committee resolution, volunteer recognition, Wyoming Avenue traffic enforcement and speed limits, data center ordinance approach, pedestrian beacon limitations, redevelopment process questions, and the small cell site location near the train station.
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Board deliberations: questions on ability to add conditions, county authority, stormwater compliance, enforcement/inspections, lighting, and municipal actions
Board members and professionals discussed whether new conditions could be added without breaching the settlement, the role of county approvals and potential traffic controls, stormwater compliance and inspection processes, landscaping improvements made during negotiations, lighting fixture count questions, and whether the Township could pursue parking restrictions or safety measures independently.
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Public comment testimony (under oath): fees/escrows, traffic safety, parking, screening/lighting, stormwater, and county approval sequencing
Residents testified under oath opposing or requesting conditions on the settlement approval, raising concerns about waived fees/escrows, lack of an independent traffic study, driveway safety at Park Road/Old Short Hills Road, parking shortfall and overflow on dead-end streets, wintertime screening and headlight glare, lighting fixture counts, stormwater runoff and downstream capacity, and the need to require county approvals and treat county-driven driveway changes as material modifications requiring a new hearing.
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Public questions to applicant planner (plan dates, parking deficit, stormwater, buffering and sight triangles)
Members of the public questioned the applicant’s planner about discrepancies in plan dates referenced in the settlement agreement versus the submitted plan set, the parking shortfall versus the 105-space requirement, stormwater compliance and review, and whether buffering along Park Road was evergreen or deciduous and how sight triangles limited plantings near the driveway.
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Marking of plan set for the record (E2PM plan set dated August 18, 2026)
Applicant counsel described the submitted plan set prepared by E2PM Project Management, consisting of 16 sheets with revisions, signed and sealed, dated August 18, 2026. The Board discussed marking the plans as an exhibit and referencing sheet numbers during testimony.
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Clarification of voting members and swearing of applicant planner
The Chair and counsel clarified that nine Board members were eligible to vote and that two alternates could remain but not vote. The applicant’s planner was sworn to testify.
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Applicant counsel opening statement and request to admit prior hearing record (Application 24-003)
Applicant counsel summarized the history of the prior application and denial, stated the matter was settled in litigation, and asked the Board to mark and accept transcripts and exhibits from 13 prior hearing dates as part of the record for the settlement hearing.
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Board counsel overview of Whispering Woods settlement hearing procedure, notice, and scope
Board counsel explained the legal framework for a Whispering Woods settlement hearing, including required public notice, public hearing, and public vote. Counsel stated notice was timely and described the planned structure for testimony, public questions, and public comment with time limits.
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Close executive session and reopen public meeting
After returning from executive session, the Board voted to close the closed session and reopen the public meeting to proceed with the Whispering Woods settlement hearing.
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Executive session authorization for pending litigation (Chai Center Living Judaism v. Millburn)
Board counsel presented a resolution to enter executive session under N.J.S.A. 10:4-12(b)(7) to discuss pending litigation involving Chai Center Living Judaism. The Board approved the resolution by roll call vote and entered closed session.
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Announcement of next meeting date and time
Before entering executive session, the Board announced the next meeting would be held September 2 at 6:30 p.m., with notice to be provided consistent with applicable requirements.
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Enter executive session to discuss pending litigation (High Center Living Judaism Inc. v. Township of Millburn, NJ)
The Board adopted a resolution to enter executive session under the Open Public Meetings Act exception for pending litigation to discuss the matter involving High Center Living Judaism Inc. and the Township of Millburn, New Jersey.
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Master plan consistency review: Spring Street–Essex Street Redevelopment Plan (Blocks 1212 and 1207)
The Board conducted a master plan consistency review for Ordinance 2763-26 adopting the Spring Street–Essex Street Redevelopment Plan, discussed plan details (including 93 units with 75 affordable), and adopted a resolution transmitting a report recommending adoption with recommendations including a zoning map amendment and coordination on Town Hall Plaza design.
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Application 649: 62 Western Drive — attorney opening, scope of work, and jurisdiction/notice
Counsel presented Application 649 for 62 Western Drive in the Short Hills Park Historic District, describing a revised plan for a two-story addition and major site improvements, including demolition and reconstruction of an attached garage and new pool/patio features. Counsel stated notice was served and argued the revised plan eliminates prior nonconformities and conforms to zoning.
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New Business: Pet Grooming as a Permitted Use in a Zone (Business Owner Request)
The Township Committee discussed a business owner request to allow pet grooming as a permitted use in a zone where it is currently not permitted, noting it is permitted in another area (Chatham Road). The committee agreed to refer the matter to the zoning code examination subcommittee for expedited review.
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Settlement Agreement Approval: High Center Federal Litigation (RLUIPA) and Related Land Use Matters
The Township Committee approved Resolution 26-194 related to a settlement agreement resolving federal lawsuits involving the High Center under RLUIPA. Counsel and the Township planner described the litigation risks, settlement context, and upcoming zoning/planning board dates and plan revisions.
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First reading: Adopt Spring Street/Essex Street Redevelopment Plan (Blocks 1212 and 1207)
The Township Committee introduced Ordinance 2763-26 on first reading to adopt the Spring Street/Essex Street Redevelopment Plan covering Block 1212 Lots 22–27 and Block 1207 Lot 1, and referred it to the Planning Board. A public hearing was scheduled for September 1, 2026.
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Executive session: pending litigation (Center for Living Judaism v. Millburn, Case No. 225 Dv 17318)
The Board voted to enter executive session under the Open Public Meetings Act to discuss pending litigation, specifically Center for Living Judaism versus Millburn, Case No. 225 Dv 17318. The Board stated the matter would be disclosed when confidentiality is no longer required and adopted the resolution unanimously.
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Public comment (second period): disorderly persons ordinance concerns, data center definition suggestions, and committee chair selection preference
A resident commented on the proposed disorderly persons ordinance, describing a fine line between decorum enforcement and escalation, and suggested disruptive situations may quickly become law enforcement matters. The resident also urged clearer differentiation between dedicated data centers and ordinary office server rooms, and said volunteer committees should be allowed to choose their own chairs.
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Old business: proposed data center regulations (state law update and drafting concerns)
The Township Committee revisited proposed data center regulations. A member noted the state passed a law directing development of data center regulations and urged adopting local protections, while the Mayor raised concerns that the draft definition could unintentionally restrict ordinary on-site server rooms in office buildings; the committee discussed revising language and reviewing other municipalities’ ordinances.
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Public comment (first period): leaf blower ordinance repeal request and restaurant zoning ordinance support
During the first public comment period, a resident urged repeal of ordinance 2707-25 regulating leaf blowers, citing repeated storm-related suspensions and unclear benefits. Another resident supported ordinance 2760-26 (pulled from the agenda) to restore resident protections related to restaurants in B2/B3 districts, arguing COVID-era zoning changes weakened homeowner protections.
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Final responses and meeting close
Officials responded to closing comments, reiterating distinctions between private campaigning and board-member campaigning at official events, discussing potential benefits and regulation approaches for data centers, and briefly addressing broader community discourse. The meeting then moved to close.
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Public art master plan update and grant timing constraints
Staff reported that the public art master plan RFP/consultant selection process is on hold pending formation of a new Township arts committee, noting a $7,500 grant restricted to the BID area and a time window that required decisions before the end of summer.
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Ordinance 2748-26 (final passage): Amending development regulations/zoning ordinance (FEMA elevation/height compliance)
The Township Committee held the public hearing and adopted Ordinance 2748-26 amending and supplementing development regulations/zoning. A resident questioned timing due to a stated DEP announcement and a governor’s one-year moratorium; the Township stated the ordinance addressed FEMA-related elevation/height compliance and proceeded to adopt.
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Enter executive session for pending litigation: Docket 2:25-cv-17318-SDW (Chai center for Living Judaism Inc. v. Township of Millburn)
The Board voted to enter executive session to discuss pending litigation identified as docket 2:25-cv-17318-SDW, Chai center for Living Judaism Inc. versus the Township of Millburn. The Board adopted an executive session resolution and approved entering closed session under the litigation exception to the Open Public Meetings Act.
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Environmental Commission presentation: Environmental Resource Inventory (ERI) update (interactive format)
The Environmental Commission and Princeton Hydro presented an updated Environmental Resource Inventory (ERI), described as a statutory planning document under the Municipal Land Use Law. They emphasized the ERI’s updated data, interactive mapping format, and its use as a baseline factual inventory (not recommendations), including sections on demographics, land use, water resources, flooding, habitat connectivity, tree inventory integration, and climate change projections.
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Master plan consistency review: Historic district designation for railroad bridges (Morris & Essex / Old Main / Delaware, Lackawanna & Western Railroad thematic historic district)
The Board reviewed Ordinance 2755-26 for master plan consistency, designating a thematic historic district for railroad bridges and related structures. Members discussed bridge preservation, repair/replacement concerns, and a discrepancy in the key contributing bridge numbering (six vs. seven). The Board voted to find the ordinance not inconsistent with the master plan and to adopt a resolution including a recommendation to reconcile the numbering.
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Carry motion — application update regarding historic designations (discussion of checklist/zoning table and planning board process)
The commission discussed an application update related to historic designations and process coordination, including the usefulness of a zoning table and checklist clarity. The commission voted to carry the application update item.
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Planning Board Preliminary Investigation for Redevelopment Area Determination (Block 702 Lots; Condemnation Redevelopment Area)
The Township Committee approved Resolution 26-149 authorizing the planning board to conduct a preliminary investigation into whether Block 702 lots constitute an area in need of redevelopment and whether it should be designated a condemnation redevelopment area. One committee member raised concerns about bailing out a landlord and urged allowing a potential sale to proceed.
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Reopen Open Session After Executive Session
After concluding executive session, the Board made and seconded a motion to reopen open session. The motion passed, and the Chair noted that the full quorum of eight Board members was present.
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Ordinance 2736-26: Zoning Code Examination Committee Updates
This ordinance revises definitions and resolves issues of vagueness in the zoning code as identified by the Zoning Code Examination Committee.
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Ordinance 2735-26: Amendments to Township Development Regulations
This ordinance aims to better define various types of medical businesses in the township's zoning ordinance. It provides clarity on zoning terms and addresses inconsistencies in the development regulations.
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Zoning Code Definitions Update
This ordinance updates the zoning code definitions, addressing vagueness and adding missing terms for improved clarity and compliance in Millburn Township’s development regulations.
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Amendment to Township Development Regulations – Medical Businesses
This ordinance defines and regulates various types of medical businesses within the Township of Millburn, NJ. It aims to clarify zoning and development regulations to ensure proper categorization and compliance.
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Public Art Master Plan
Discussions centered on hiring a consultant to develop a Public Art Master Plan for Millburn. Concerns were raised about jurisdiction, alignment with stakeholders, and the selection process for the consultant.
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Public Art Master Plan Development
This resolution discusses the development of a Public Art Master Plan for Millburn, NJ, with funding from an Essex County public art grant. The plan aims to integrate public art into the township's cultural fabric.
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Public Art Master Plan Development
The ordinance discusses the development of a Public Art Master Plan for Millburn, focusing on integrating art into the fabric of the township while fostering collaboration among stakeholders.
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Additional Zoning Definitions
This ordinance adds definitions to Millburn Township's zoning code to clarify terms and improve regulatory precision, ensuring better governance of land use and development practices.
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Amending Medical Office Definitions
This ordinance redefines and expands the definition of medical offices in Millburn Township's zoning code, adding urgent care and ambulatory surgical facilities to better reflect modern healthcare needs and clarify zoning regulations.
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Resolution to Oppose State Legislation on Zoning Override
The resolution formally opposed proposed state legislation that could override local zoning regulations and impact Millburn’s planning autonomy.
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Ordinance 2736-26: Use Definitions and Zoning Update
This ordinance updates definitions for several permitted uses in zoning regulations, introduces new definitions for mixed-use developments, cultural centers, co-working spaces, and sustainable building practices, and provides parking requirements for these uses. It addresses gaps in zoning regulations while aligning them with the master plan.
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Ordinance 2735-26: Medical Uses Amendment
This ordinance revises definitions of medical uses and introduces updated standards for medical offices, urgent care facilities, and ambulatory surgical facilities. It modernizes zoning regulations to ensure clarity and consistency with the township's master plan while defining parking and loading requirements for these facilities.
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Amendment to Development Regulations for Zoning Use Definitions
Ordinance 2736-26 introduces and updates zoning definitions for various uses in Millburn Township, including brew hubs, museums, co-working spaces, and sustainable design features. It aligns zoning regulations with modern needs, clarifying permitted uses, adding parking requirements, and supporting sustainable urban development.
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Amendment to Development Regulations for Medical Uses
Ordinance 2735-26 updates the definitions and zoning standards for medical uses in Millburn Township. It distinguishes between medical office types, introduces parking requirements for specific medical facilities, and clarifies permitted zones. The ordinance aligns with the township's master plan to modernize regulations, improve clarity, and support sustainable land use.
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Samuel Bellamy's Planning Testimony
Samuel Bellamy presented planning justifications for the raised patio, focusing on compliance with zoning standards and community impact.