Atlantic Highlands Borough attorney Peg Schaeffer and Planning Bord Attorney Michael Seib will “corroborate” on what actions to take in the wake of a local resident alerting them the meeting in which the planners approved variances for Carton Brewery was non-compliant with state and local laws.
Borough Attorney Margurette “Peg” Schaffer
Resident Mark Fisher is recognized by the Mayor and Council as well as residents who attend, listen to or see Fisher’s email, as an alert and attentive resident who attends most meetings. He is also recognized as a resident who does extensive research before speaking, bringing notes and citing laws to substantiate the remarks or questions he brings up at meetings. He spoke at Tuesday’s meeting of the governing body, telling professionals and residents alike that by the borough’s own statutes, the last planning board meeting was illegal.
Fisher, who attended the Planning Board meeting the previous week, noted that the board appeared to be having difficulties with its ZOOM process prior to the meeting, and was aware it was not functioning. Chairman Jon McGoldrick announced the meeting would proceed as usual, receiving no objections from any of the board members or the attorney, Michael Steib and the meeting was opened.
During the meeting, with Steib and the attorney representing Carton Brewery, Dante Alfieri present, Jessica McLane, who routinely operates the Zoom equipment at some borough meetings, came in during testimony being presented at the meeting, appeared to be attempting to start ZOOM, and left without it becoming operational.
There was no pause in the meeting nor comments made about Ms. McLane’s efforts and actions during the public meeting and the meeting continued. However, McGoldrick never asked for any comments from anyone on Zoom, apparently recognizing the failure had not been remedied.
Neither attorney asked for any verification, nor did any planning board member question the continuation of the meeting.
The continued hearing for a number of variances sought by Carton Brewery was on the agenda, and new testimony given by the engineer who had conducted a traffic survey as requested by the planners at the previous meeting. There were a number of questions and comments on his new testimony as well as an opportunity for the public to be heard to speak on the project or question the traffic engineer.
The planners, over the objection of planning board member Martin Hawley, then voted to approve a number of variances for the Carton project and said they would be received by the Mayor and Council for action at its scheduled meeting on September 21.
At the September 9 meeting of the Mayor and Council, a resolution on Access Procedures was on the agenda to be approved, but was pulled from the consent agenda for further discussion.
During the public comment portion of the meeting, Fisher told the governing body the planning board meeting was non-compliant with local and state regulations, making the meeting and any actions taken at it non-compliant.
Fisher cited the legal advertisement in accordance with the law for the meetings, as well as the posting in an applicant’s legal notification for an application hearing at the meeting:He cited the notice that said “Please be advised that the Planning Board is now conducting its meetings in Hybrid format both in person and virtually”.
He also told the governing body the meeting without Zoom is in violation of the state OPRA, or Open Public Meetings Act.
“Conducting the meeting without having the Zoom app available for all members of the public wishing to listen and/or participate remotely in the proceeding, as advertised to ask questions, provide commentary and sworn testimony to the Planning Board appointees and the Borough’s and applicant’s professionals, is a violation of OPMA statute N.J.S.A. 10:4-15.a (2025), namely, violating the public’s statutory right to witness the proceedings.
Fisher said “The Council should ensure, on behalf of the residents, that decisions rendered without full public access at the September 3, 2026 Planning Board meeting be voided and the Board be instructed to conduct a compliant proceeding to administer the full September 3, 2026 PB Agenda items as soon as possible as a de novo remedy.”
That means, in order to meet the requirements of the laws Fisher cited, the planning board would have to conduct its last meeting once again in order for all residents to hear the new testimony given, and have an opportunity to be heard.
While the OPMA Act (OPMA) has no absolute statutory requirement for public bodies to livestream or provide remote access to meetings unless the meeting is entirely remote, courts have upheld the argument that there must be tract compliance regarding advertised meeting conditions.
However, New Jersey courts enforce a rule of strict compliance regarding advertised meeting conditions to avoid creating a OPMA notice violation.
If a public body advertises that a meeting will be held via Zoom or include remote access, and that access fails or is omitted without proper remedy, it constitutes an OPMA notice violation.
Fisher then continued to site the specific court decisions and laws that show the planning board meeting was non-compliant in that the applicant for variances, since it is included in the application process, did advise interested parties the meeting would be held on Zoom.
At this week’s Council meeting, Council also said its regularly meeting for Monday, September 21 will not be held, since it falls on Yom Kippur, a Jewish holiday. No date was set for when that meeting will be held.
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Each time Yossarian returned from one of his holidays in the hospital or rest leaves in Rome, he was surprised by some new comfort Orr had installed in his absence – running water, wood-burning fireplace, cement floor. Yossarian had chosen the site, and he and Orr had raised the tent to get her. Orr, who was a grinning pygmy with pilot’s wings and thick, wavy brown hair parted in the middle, furnished all the knowledge, while Yossarian, who was taller, stronger, broader, and faster, did most of the work. Just the two of them lived there, although the tent was big enough for six. When summer came, Orr rolled up the side flaps to allow a breeze that never blew to flush away the air baking inside.The tent he lived in stood right smack up against the wall of the shallow, dull-colored forest separating his own squadron from Dunbar’ s. Immediately alongside was the abandoned railroad ditch that carried the pipe that carried the aviation gasoline down to the fuel trucks at the airfield. Thanks to Orr, his roommate, it was the most luxurious tent in the squadron. Each time Yossarian returned from one of his holidays in the hospital or rest leaves in Rome, he was surprised by some new comfort Orr had installed in his absence – running water, wood-burning fireplace, cement floor. Yossarian had chosen the site, and he and Orr had raised the tent to get her. Orr, who was a grinning pygmy with pilot’s wings and thick, wavy brown hair parted in the middle, furnished all the knowledge, while Yossarian, who was taller, stronger, broader, and faster, did most of the work. Just the two of them lived there, although the tent was big enough for six. When summer came, Orr rolled up the side flaps to allow a breeze that never blew to flush away the air baking inside.The tent he lived in stood right smack up against the wall of the shallow, dull-colored forest separating his own squadron from Dunbar’ s. Immediately alongside was the abandoned railroad ditch that carried the pipe that carried the aviation gasoline down to the fuel trucks at the airfield. Thanks to Orr, his roommate, it was the most luxurious tent in the squadron. Each time Yossarian returned from one of his holidays in the hospital or rest leaves in Rome, he was surprised by some new comfort Orr had installed in his absence – running water, wood-burning fireplace, cement floor. 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Each time Yossarian returned from one of his holidays in the hospital or rest leaves in Rome, he was surprised by some new comfort Orr had installed in his absence – running water, wood-burning fireplace, cement floor. Yossarian had chosen the site, and he and Orr had raised the tent to get her. Orr, who was a grinning pygmy with pilot’s wings and thick, wavy brown hair parted in the middle, furnished all the knowledge, while Yossarian, who was taller, stronger, broader, and faster, did most of the work. Just the two of them lived there, although the tent was big enough for six. When summer came, Orr rolled up the side flaps to allow a breeze that never blew to flush away the air baking inside.The tent he lived in stood right smack up against the wall of the shallow, dull-colored forest separating his own squadron from Dunbar’ s. Immediately alongside was the abandoned railroad ditch that carried the pipe that carried the aviation gasoline down to the fuel trucks at the airfield. Thanks to Orr, his roommate, it was the most luxurious tent in the squadron. Each time Yossarian returned from one of his holidays in the hospital or rest leaves in Rome, he was surprised by some new comfort Orr had installed in his absence – running water, wood-burning fireplace, cement floor. Yossarian had chosen the site, and he and Orr had raised the tent to get her. Orr, who was a grinning pygmy with pilot’s wings and thick, wavy brown hair parted in the middle, furnished all the knowledge, while Yossarian, who was taller, stronger, broader, and faster, did most of the work. Just the two of them lived there, although the tent was big enough for six. When summer came, Orr rolled up the side flaps to allow a breeze that never blew to flush away the air baking inside.The tent he lived in stood right smack up against the wall of the shallow, dull-colored forest separating his own squadron from Dunbar’ s. Immediately alongside was the abandoned railroad ditch that carried the pipe that carried the aviation gasoline down to the fuel trucks at the airfield. Thanks to Orr, his roommate, it was the most luxurious tent in the squadron. Each time Yossarian returned from one of his holidays in the hospital or rest leaves in Rome, he was surprised by some new comfort Orr had installed in his absence – running water, wood-burning fireplace, cement floor. Yossarian had ch
