Planning Board — June 8, 2026
A 40-minute meeting whose single consequential act was a 9-0 recommendation that the Township Committee adopt Ordinance #26-1779, the townwide ban on data centers and detention centers. The minutes record that "the Board found the ordinance to be consistent with the Master Plan" — the finding that reporting on E. Kahn Development's lawsuit says was never documented. The Board then went into closed session on the developer's separate suit against it.
- Data centers
- Kenvue site
- Litigation
- Process
Meeting recording
Recording plays on the township archive
This meeting does not play on this page. The township's recording is complete and plays in full — the chapter links below will open it at the right moment.
Worth watching
Staff summarises Ordinance #26-1779: amend Chapter 16, subsection 1.5 "Prohibited Uses" and the definitions section so that data centers and detention centers are both barred throughout the township.
Same moment on the township archiveA board member points out that the draft definition of "detention center" appears to cover the police holding cells in the same building the Board is meeting in, and asks for a carve-out.
Same moment on the township archiveA member asks whether the definition catches an ordinary employer with a large server room — Bloomberg is named — and argues the ordinance never defines scale. The answer from the table is that the definition turns on primary use, not size.
Same moment on the township archiveOn the record, a member ties the ordinance to the uncertainty over the Kenvue site and to an earlier data-center interest at 23 Orchard Road, and notes how little industrial zoning Montgomery has.
Same moment on the township archiveCayci proposes the exact form the motion takes: find the ordinance consistent with the Master Plan, and separately recommend that the governing body add language exempting the Montgomery Township Police Department. The vote follows, 9-0.
Same moment on the township archiveChair Campeas reads the resolution closing the meeting to discuss litigation captioned E. Kahn Development Corp. v. the Township of Montgomery Planning Board. The Board was out of public view from 7:24 to 7:42 p.m.
Same moment on the township archive
What happened
What happened
Chair Dave Campeas opened at 7:03 p.m. The minutes record nine members present — Campeas, Vice Chair Arun Mani, Ibad Khan, Sarah Roberts, Mayor Neena Singh, Marvin Schuldiner, Patricia Taylor Todd, Anthony Glockler and Om Sharma — with Board Attorney Karen L. Cayci and Assistant Planning Director Cheryl Chrusz. Two names called on the video’s roll call, Battle and Blodgett, do not appear in the minutes’ list of those present. No one spoke during public participation.
The Board memorialised one unrelated resolution, Case PB-01-25 (Pai-Clo, LLC, Block 3005, Lots 11, 14, 16 and 20 on Route 206, minor subdivision with variance), on a seven-aye roll call.
The night’s substantive item was a referral under the Municipal Land Use Law: before the Township Committee could adopt a zoning amendment, the Planning Board had to review it and report on whether it is consistent with the Master Plan. The ordinance was #26-1779, amending Chapter 16, subsection 1.5 “Prohibited Uses” and subsection 2.1 “Definitions” to prohibit data centers and detention centers throughout Montgomery Township.
Most of the discussion was about wording, not policy. One member noted that the draft definition of “detention center” appeared to capture the Montgomery Township Police Department’s own holding cells, in the building the Board was sitting in; the Board agreed to recommend that the governing body add language exempting the local police. Another member argued the data-center definition said nothing about scale and might sweep in an ordinary employer with a large server operation — Bloomberg was the example. The response from the table was that the definition turns on a facility’s primary service, so a company whose primary business is something else would not be caught. The Board accepted that.
The minutes then state, in terms: “The Board found the ordinance to be consistent with the Master Plan.” The motion to recommend adoption, with the police-department revision, was made by Marvin Schuldiner and seconded by Arun Mani, and carried 9-0 — Campeas, Kahn, Mani, Roberts, Schuldiner, Singh, Taylor Todd, Glockler and Sharma, no nays.
The Board approved the May 11 minutes, took subcommittee reports on Bloomberg’s proposed walking paths and on the Route 206/518 loop roads, then went into closed session from 7:24 to 7:42 p.m. to take legal advice on litigation captioned E. Kahn Development Corp. v. the Township of Montgomery Planning Board — the developer’s earlier suit over the Board’s refusal to hear a General Development Plan. Adjourned 7:43 p.m.
Why it matters
This 12-minute discussion is now the subject of a lawsuit. The Township Committee adopted Ordinance #26-1779 on June 18, 2026, 4-0. E. Kahn Development Corp. has since sued over the ban. Press reports date the filing to July 31, 2026 in Somerset County Superior Court and describe it as seeking a declaration that the ordinance is invalid and unenforceable plus an injunction against its enforcement; the township attorney told the Committee on September 17, 2026 that the complaint had been reviewed and that the township had not been served.
One of the complaint’s arguments, as described in the reporting on it, is that the Planning Board’s recommendation lacked documented discussion of the ordinance’s consistency with the township Master Plan. If that is what the complaint says, the June 8 minutes do not bear it out as written. The minutes state the consistency finding explicitly, the Board Attorney framed the motion around it, and the motion as voted was that the ordinance complies with the Master Plan. What is fair to the developer’s side is that the finding was stated rather than argued: the Board’s debate was about definitions and a police carve-out, not about which Master Plan goals the ban serves. Whether a court treats a stated finding as sufficient is the open question, and it is not one this page can answer.
One other thing the record shows: the Board’s recommended revision did not survive. The ordinance as adopted on June 18 contains no exemption for the Montgomery Township Police Department — the definition of “detention center” is printed without the carve-out the Board asked for.
Worth watching
- The ordinance comes up (2:27) — what #26-1779 actually changes.
- The police holding cells problem (3:20) — the drafting flaw the Board caught.
- Does it catch Bloomberg? (8:00) — scale versus “primary use.”
- Why the township is doing this (13:20) — Kenvue, 23 Orchard Road, and Montgomery’s limited industrial zoning.
- The motion is framed and voted (14:10) — Master Plan consistency, plus the police recommendation; 9-0.
- Closed session on the Board’s own lawsuit (20:20) — E. Kahn Development Corp. v. Montgomery Township Planning Board.
Public comment
There was none. The Chair opened public participation and no one came forward; the minutes record “None.” The Board took no public testimony on the ordinance before voting.
Residents did turn out ten days later. At the Township Committee’s public hearing on June 18, 2026, the minutes name six speakers in support of the ordinance — Dawn Cohen, Mary Reece, Nancy Herrington, Mike Pisauro of the Watershed Institute, Jenny Psaki and Kendra DiPaola — mostly on energy, water and environmental grounds. Craig Gianetti of Day Pitney, appearing for E. Kahn Development, spoke in opposition. The Committee closed the hearing and adopted the ordinance that night.
Sources
- The township’s archive: Jun 8, 2026 Planning Board meeting video and transcript. Remarks here are summarised rather than quoted.
- Montgomery Township Planning Board minutes, June 8, 2026.
- Montgomery Township Committee minutes and Ordinance #26-1779, June 18, 2026.
- Patch: Montgomery faces lawsuit challenging data center ban
Agenda index
Full transcript
The township publishes a transcript of this meeting alongside the video. In a meeting that runs for hours it is the quickest way to find where a subject came up; the chapter links above jump the recording to each agenda item.