Montclair residents have the right for their opinions to be heard regarding renovations at Woodman Field, the township Zoning Board of Adjustment said at their April 18 meeting. The board unanimously ruled that the zoning authorization given to the district Board of Education was incorrectly issued in allowing the renovations at the Aubrey Sports Complex without proper procedure.
But what will happen next is anyone’s guess.
A group of 14 residents who live along Champlain Terrace and Essex Avenue across from Woodman Field sent a letter to the board appealing the decision to grant permission to the school board to renovate the ballfield. The residents claim that municipal zoning laws regulating parking, fencing, and setbacks were improperly considered as part of the permit granted to the school board for the work there.
“The field needs to be fixed, and the field needs to be fixed quickly,” board Chair William Harrison said during deliberations. But “the public has an opportunity to give their input,” and to hear the school board “defend why they think this plan is the best version,” he said. And only then can the Zoning Board make an informed decision, Harrison said.
Legal Nuances
The board listened to arguments made by Robert Bullen, a representative of the citizens’ group; Brad Harsch, a resident representing Montclair Baseball Families, also an attorney; Lori Reynolds, an attorney representing the township and Zoning Officer Richard Charreun in the lawsuit filed by the Board of Education about the Woodman Field work; and Ted Del Guercio, an attorney representing the Montclair school board in the legal filings.
The zoning board did not discuss the variances needed or other matters of exceptions to municipal land-use code for this project. Instead, the two-hour-long hearing was primarily concerned with legal nuances. The main issue they delved into was if the zoning permit was mistakenly issued to the school board and should have been denied because there was no board review or approval. The permit was issued by Charreun without board input.
There also was discussion about the definition of Woodman Field. One question the board considered is if Woodman Field is an educational facility like a school, or something the state Department of Education calls an “other facility” which would fall into a different category for land-use review.
Bullen told the board that the retractable fence, the reconfiguring of the ball field on the property, and the parking issues are in violation of Montclair’s laws. “A new baseball field should be built,” he said, but it should be “where there would be a minimal environmental damage. Our rights as residents have been violated,” he told the board.
The school board has not come before the Zoning Board to present the project. Though they are not required to legally do so, an appearance called a “courtesy review” is expected. This allows municipal planning and zoning boards to understand construction or renovations happening in town. The school board has chosen not to provide this courtesy review to the zoning board. Instead it moved ahead with construction work, even as municipal officials and residents have voiced questions and concerns. It also filed a lawsuit against the township.
A Missed Step
The Zoning Board should have been consulted, Harrison said. “It’s clear we have jurisdiction and not the Planning Board,” he said.
But there is no new field, Reynolds told the board. “The fields are being improved,” she said, not increased. “Any improvements to the field have been dealt with to the satisfaction of the zoning officer and planning officer and ultimately to the town,” she said. She reminded the board that the settlement agreement reached by the state Superior Court already addressed residents’ concerns.
Township Director of Planning Janice Talley told Reynolds that a compromise on the location of the retracting safety fence was reached to address residents’ concerns.
Board members peppered the attorneys with questions as they worked to understand their responsibilities in this matter.
“How is a baseball field an educational facility?” board member Jerry Simon asked Harsch, who spoke in favor of the renovations. “It’s physical education,” Harsch responded, and said the state education department made that determination in a September 2022 letter to school district Superintendent Dr. Jonathan Ponds.
Per the letter, the field project received education department funds under New Jersey law because it was identified as a school facility.
Board member Jamena Grant said the residents already have been heard and received a compromise in the disputed items from the state Superior Court, which ruled on the lawsuit. “How much further is the expectation that construction plans be adjusted,” she said. “A retractable fence is for safety.”
But board members all agreed the Zoning Board has the authority to consider the application and to decide for themselves if the school district needs approval for an exception to township code. It is still to be determined if the school district will appear, and when that could be.
*Correction: A previous draft incorrectly stated that the school district appeared before the Planning Board.
Would like to thank the Zoning Board Members for understanding that the Baseball Field needs to be built so it’s ready for next season.