Summit Council Spars Over Outdoor Dining, Approves Maple Street Closure

SUMMIT, NJ — The Summit Common Council voted 4-2 Tuesday night to advance an ordinance authorizing the seasonal closure of Maple Street for outdoor dining, capping a lengthy and sharply divided meeting that centered on statutory authority, traffic certification requirements and the legal standard of whether the closure is “necessary” under state law.The vote on Ordinance 26-3380 followed hours of public comment and council debate over NJSA 40:67-16.9, which permits street closures only when they are necessary for the preservation of public safety, health, or welfare. A second unresolved issue was whether required engineering certification could be completed without City Engineer Aaron Schrager, who was not present and whose planned resignation was referenced multiple times during the meeting.Public comment was divided, with residents and business owners raising concerns about traffic impacts, emergency access, and fairness to non-Maple Street businesses, while supporters pointed to pedestrian activity and downtown economic development.According to figures from the meeting, 14 speakers from the community who spoke during public comment opposed the ordinance and 10 supported it.Council Members Jamel Boyer and Bob Pawlowski voted no. Council Members Dan Crisafulli, Michelle Kalmanson, and Chantal Landman voted yes, along with the council president Claire Toth. Councilwoman Jackie Lasaracina left the meeting before the vote. Councilman Bob Pawlowski led the opposition, arguing the ordinance does not align with the statute it cites. He said the language was changed in a way that misrepresents the law. He delivered a lengthy, comprehensive 20-plus minute defense against the plan. He said the governing question was never adequately answered.“The ordinance says in the very first line, ‘Whereas NJSA 40:67-16.9 authorizes the governing body of the city of Summit…’ That’s not what the statute says,” Pawlowski said. “What the statute says, as our city solicitor made clear before, was that it authorizes the council to authorize the mayor or other chief executive of the municipality…to authorize the closure of a street when she finds it necessary for the preservation of the public safety, health or welfare.”“I’d love to hear from many of my fellow council members about how closing the street will expedite traffic on our city streets and about why it's necessary for the preservation of public safety and health,” he said. Pawlowski also raised concerns about timing and transparency in the process. He said key materials were not provided in advance.“We got the traffic report the evening before or the afternoon before the ordinance was introduced,” he said. “It was not attached to the packet, and it was not published for over a week.”He also pointed to engineering requirements under state law and the absence of the city engineer.“Any street closure for more than 48 hours has to be certified by the city engineer, who is not here,” he said.Pawlowski questioned whether the traffic analysis supported the legal threshold.“I don’t think there’s anything in this report that supports that closing Maple Street would expedite traffic,” he said.Council Member Michelle Kalmanson rejected Pawlowski’s characterization of the certification discussion and defended the ordinance. She also accused Pawlowski of “threatening” Schrager. “You’ve asked Director Schrager if he could certify it, and when he said yes, you threatened his license,” she said.Pawlowski responded, “That’s patently false.”Kalmanson said the ordinance reflects compromise rather than unilateral action.“We have a rare situation where we can truly compromise,” she said. “Some people want it closed right now in the spring. Some people do not want it closed at all.” She said the goal is broader downtown support.“Our goal is to elevate the entire downtown by creating buzz and encouraging our residents to come out and support local businesses,” she said. Mayor Elizabeth Fagan addressed the legal threshold directly, focusing on the statutory word “necessary.” She said she reviewed the definition before speaking.“To confirm, I looked it up in Webster’s Dictionary,” Fagan said. “‘Absolutely needed or essential. Something that cannot be done without.’”She said she does not believe the ordinance meets that standard.“Could somebody convince me that it is necessary for public safety to close a road? If there was a giant sinkhole, maybe,” she said. “But I cannot say I can confirm that.”Fagan said she supports outdoor dining generally but not under the statutory justification, saying, “Is this specific street closure necessary? The answer is no.”She also said she had proposed alternatives to closing Maple Street.“I have suggested alternatives that would not require closing a thoroughfare,” she said. “None of those were considered.”Councilman Jamel Boyer focused on legal authority and liability exposure. He said the ordinance raises separation of powers concerns.“This ordinance is flawed,” Boyer said. “We cannot write an ordinance that usurps the mayor’s executive authority.”He also questioned whether the statutory finding had been made.“Is this necessary for public safety, health, and welfare?” he said.Boyer warned of potential liability if emergency response is impacted.“If we place barricades and alter traffic patterns, we risk slowing emergency response,” he said. “Title 59 protections could be affected if something goes wrong.”He said he supports outdoor dining in concept but not this legal structure.“I am not against outdoor dining,” he said. “I am against the way this ordinance is written.”Councilman Dan Crisafulli supported the ordinance and framed it as part of broader downtown revitalization efforts. He said Summit’s local economy is under pressure from changing consumer behavior.“This is about bringing people together and creating reasons to experience downtown Summit,” he said. “Local businesses are at risk,” he said. We need to give people a reason to come out and spend time downtown.”After extended debate, the council approved Ordinance 26-3380, authorizing the seasonal closure of Maple Street for outdoor dining under NJSA 40:67-16.9.