I am calling to order the regular meeting of the township of Burn Planning Board for Tuesday, May 6th. All rise for the flag salute, please. I aliance to the flag of the United States of America and to the
republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Can we have a roll call, Miss Ke? Oh, no, excuse me. I got ahead of myself. Open public meeting statement.
In accordance with the requirements of the open public meetings law of 1975, notice of this meeting of the planning board of the township of Bernard was posted on the bulletin board in the reception hall, the municipal building building, Kolier Lane, Basking Ridge,
New Jersey, was sent to the Burnsville News, Whippony, New Jersey, to the Courier News, Bridgewater, New Jersey on January 22nd, 2025, and was electronically mailed to all those people who have requested individual notice. The following procedure has been adopted
by the Birds Township Planning Board. There will be no new cases heard after 10 p.m. and no new no new witnesses or testimony will be heard after 10:30 p.m. Now, may I have roll call? Certainly. Um, Chairwoman Master Angelo here, Mr.
Crane here, Mr. Kuzo here, Mr. Yorio and Mr. have indicated that they will be unable to attend this evening and Miss Vand has indicated that she'd be a little late this evening. Mr. Rabino here, Mr. Cil
here, Mr. Tenry here. Uh, Miss Smith absent. Miss Ali also indicated she was unsure whether she would be able to attend this evening. Miss Ley here. Uh, Mr. Drill here. Mr. Slide here. And for
the record, Miss Keeper is present. Madam Chair, you have a quorum. You may proceed. May I have a motion to excuse uh the absences of Mr. Eorio, Mr. Lazinski, Miss Smith, and Miss Ali? I'm going to hold and reserve Miss Manduk
since we think she's coming. So moved. Thank you, Mr. Seville. May I have a second, please? Second. Thank you, Mr. Kuzo. Do I need a roll call for that? No. All in favor? All in favor? I
opposed. Thank you. Thank you. Uh, next item on the agenda is the approval of the minutes from the March 18th, 2025 regular session. These minutes were uh distributed in advance for uh reading
by our board members. Um, are there any uh edits or any comments? No. May I have a motion to approve the minutes as drafted? So moved. Thank you, Mr. Rubino. A second.
Second. Second. Mr. Crane. Roll call. Mr. Crane. Yes. Mr. Yes. Mr. Rubino. Yes. Mr. Yes. Mr. Yes. Chairwoman. Yes. Thank you. Next item on the agenda are
the minutes of the executive session from March 18, 2025. Those have also been distributed to our board members in advance. Are there any comments or edits? Um, chairwoman, I actually put the executive session minutes uh in hard copy in front
of everybody who's eligible. So, if everybody wants to take a quick minute to read them. Yes. Rather than distributing them. Oh, that's right. Yes. Thank you. Distributed today at your desk. here. Yes. I'll give Does everyone need a
minute? I'll give everyone a moment. Madam Chair, draft minutes for the regular session March 18th. Yes. I just noticed that um under the ordinance for uh rejo
that you were there that says I voted I was recused. Yes. And so was Mr. Lazinski. You are correct. So So let's make a motion to amend those minutes to have those corrections made. Make that motion. Okay. So Mr. Crane is making a
motion to that effect. Second, please. I'll second that. Okay. Thank you, Mr. Thank you for noticing that. And can I have a roll call on that, please? The regular session minutes. Mr. Crane, yes.
Mr. Yes. Uh, Mr. Yes. Mr. Yes. Yes. Chairwoman Master Angelo. Yes. And now, um, just if you guys can all take a moment again to resume your reading and, uh, let me know when you're
ready to proceed. Just noting that Miss Vanduk is here for the record. Miss Manduk, we're just reviewing at your desk. There should be a copy of the executive session minutes from March 18, 2025. You just take a minute to review
them. You're a lawyer. You can speed read. No, don't speed. Take your time. Take your time. I was going to say setting me up. No. You're good. Is everyone ready? Okay. So, are there any comments or edits?
Seeing none, may I have a motion to approve the minutes of the executive session March 18th? So, moved. Thank you, Mr. Seville. A second. Second. Mr. Deino. Yes. Roll call. Miss Kefir, please. Mr. Yes.
Yes. Mand? Yes. Mr. Yes. Yes. Yes. Yes. And I just ask everyone to pass down to the left. Okay. The next item on the agenda is the
modification of condition extension of time to obtain construction permits. Teao Shaw block 11401 lot 11.02 7 Mountain Road PB22-001B. Um and yes, you can come up right up
here to the podium and give me a moment. I did pass them down. We're gonna um take a minute and Mr. Drill, our attorney, will tell you how we're going to proceed. Welcome. Thank you. And hello. How old
are you? 10. 10. Oh, you're getting government in action. Good for you. So, are you in fifth grade? Yes. Good. Good. You can go back and make a good report. Who's going to you both going to talk or one of the uh Let me try to explain what
happened right now. So, let me uh Raise your right hand. Do you swear that the testimony you're going to give in this matter will be the truth, the whole truth, and nothing but the truth? Sure. Okay. So, just to set the stage for you, can you state your name for the record?
Okay. So, no, just your name. Uh, my name is Wimbo. And your address? uh address is 138 village drive in Basking Ridge. So there was an original approval well there was an original approval then a
reapproval by the board and a reapproval which granted a C2 variance and minor subdivision approval to create this lot that you guys apparently purchased, right? Yes. So that was in a
resolution that was adopted on June 7, 2022 and that was for application PB22-00001 and in that resolution there was a condition number 20 that gave the applicant until
yeah June 7th just want to line up the resolutions June 7th 2024 to uh to obtain construction permit. Then this was for William and Carol Moy. And then the Moyes came
back and sought to modify condition 20 to extend that time period. And so there's a a resolution that the board adopted on December 3, 2024, application number PB22-001A. What Cindy does is if
extensions come in, first one is A, the second one is B. Hopefully there's no third one. We don't get many she's. So now you guys purchased a lot. Okay. So you purchased a lot and you
want to extend and condition the December 3, 2024 resolution modified condition 20 to extend the time by which you had to get the permit to June 7, 2025 and you now
want to extend that for another year till June 7, 2026. Correct? Yes. Even if you can longer that even better like two year that were even better. So, your letter says that you want to extend it a year, and I'm just going to
read the letter into the record, ask you if that's correct, and then you can add anything you want. I'm just trying to streamline that. Sure. Um, please be advised, a reading from his letter to the board, which is Stamper Siege, April 25, 2025. Please be advised that this
request is solely for an extension of time to obtain the necessary construction permits. We want to explicitly state we are not proposing changes or revisions to the originally approved plans associated with the prior resolution that I just mentioned. We
understand that any modification to the approved plans would necessitate a new application to the planning board and that is not our intention with this request. And then you explain the reason we are unable to meet the 2025 deadline for securing construction permits is due
to the extended time required for our site engineer and architect who are still working on the site. an architectural plan and we need more time for them to finish their plans. Yes. That sums it up, right? Yes. You want to add anything else? Uh we just want to
say we try our best. We want to finish them before the deadline. So before we closing the property, we already signed the contract with our site engineer Steven Parker. So Mr. Parker already help us to working on that when we do
the closing, but take a long time. We still got a exactly is nothing right now. So we have the plan don't have the plan. So that's why we need to more time for the site plan. Yes. Oh, could I say
something? You have to be sworn in. Oh, can you state your name for the record? Sh. And I swear I Okay, raise your right hand. Do you swear or affirm the testimony you're going to give in this matter will be the truth, the whole truth, nothing but the truth? I say yes.
Yes. Yes. Can you speak into that microphone? Oh yes. So the reason we want to the reason we want to like more than one year because after we write the letter and we try to contact Mr. Parker
often like a very often but he never like a reply and uh like a like a last month and the last email he emailed us and uh he said oh I will I will send you
the sand plan like shortly but after that email we didn't get any email so that's why after that light letter lighter on that lighter We we think or one year maybe is enough but in that
case maybe I we think we need more than one year if if you can yes you're saying you you were getting in touch with your site engineer Mr. Parker, but he's taking a long time to get back to you, right? And even we you're gonna have this just this is you're going to have
to call him every day. But no answer no no answer. So okay, I'm glad you explained that because in your letter you did say one year would be enough and I was going that's the reason. And uh we we tried to
walk in and every time we met him and he said okay I will give you like a shortly shortly but nothing happened. That's the main reason we want more than one year not the lighter because after the
lighter we try often but nothing come. Mr. Do you have any um reservations about giving more than one year in terms of the construction permits? Well, sorry. Go ahead. No, my only concern is for
purposes of dealing with their professional. If the professional knows that they have two years to get this done, the professional is going to take every darn day of those two years. Not to put the burden on the applicant, but if the applicant is under the deadline
of a year and the professional is aware of that, you may get somewhere with your professional. My that's my concern about a twoyear, right? That's a good point. The professional is going to take every day of the 700 plus days, but you may be back here in another year asking for more which we will remember. Can I make
another suggestion again without disparaging anyone? You might want to look for another. Yeah, that's what we think about also. Why we are thinking about like if we looking for another engineer one year is enough
if we cannot get a two year maybe like one and a half year or little bit because we don't not mean do you plan on building a house and moving into it and selling your own other house? Uh selling I don't we not sure but we going to
build a new house for family. Oh, the reason is we b we bought this land is the only reason for my daughter and the next year she will be in middle school. If the the this set plan delay delay and
delay and after build we can imagine how old she is. So we are really like want to rush and but we cannot control that's the the that's the problem generally.
I always recommend that you have a certain time condition on how long to get a construction permit and then how long to get your co not only keep things moving but is to avoid this thing called sleeping bearings. I yeah I would just be really concerned about and not to put
the burden on the applicant but I think that's an interesting point. Yeah. No, it's it's a point. No one's under the gun. Do you understand what Miss Manduk is saying? No, I she's looking out for you. If Parker finds out, oh, I have two years. So, he take a more long, he's
going to take two years. Take two years for the No big deal. I have two years, right? Instead of a year, there's no urgency. But if you go and look at it for a a new professional, a new engineer, I think a year and he asks or
she asks you, well, how long do I have to work with? I don't think a year is unreasonable. I don't think a year would scare a professional away. And this A lot of us have been here for a long time. We have good memories. We have a great remind us who did Steve Parker do
the subdivision plan? Yes, he did. That's why we choosing him. He's original the plan. He was also the engineer in charge when the deeds weren't filed in time and the applicant had to come back. Because you understand the original demo had to come back for a
brand new approval because the time ran out with Steve Parker didn't do work that was necessary to get the subdivision even recorded. So so counselor just just to be clear what you're saying is that you don't necessarily need the current
professional retained despite the fact that he has a history with this lot. Is that what you're saying? In fact, but without disparaging anything, it sounds like a story. They'd be better off if they got a new engineer. Correct. And I I guess the bottom line for me is that I think a year is enough time that you're not going to lose professionals who are
going to say, "No, I can't work under that." Um, you're hearing what Mr. Dur is saying with respect to your current professional. My concern is two years is going to be um a sleeping varian situation where just too much time is on
the table and nobody under any real pressure to get this done. Okay. Question. Hold on one second. Mr. Crane, have you got your architect plans all done for the house? No, because they don't have the side engineer. Nothing
for engine for the architecture yet. Why can't you do a house plan? Uh we have the we draw the plan by ourself already. See where's the bathroom? Where's the the second floor? What's the L? Yes, we do that by ourself. We give that to uh
Stephen Parker and Mr. Parker says he help us to draw the how to say the the plan for the for the house and he say when he have the basic plan ask us to take that plane to show to our detector
and our detector help us can work on the plane just try and help you out give you a little advice here there's nothing your lot's big enough so the house that you decide on the There's no reason the architect can't design fast track this because if you
wait for the ar the engineer then you got to wait for the architect. So we can work for the you have architect most houses are already designed before the site planning gets architect may suggest someone that they work with as a site engineer as well. That's a good point.
Do you have an architect picked out? Excuse me. Have you have you retained an architect yet or not? act actually actually Mr. Parker like a recommend like a couple or feel a feel like a detector to
us but after the delay things happen and we really hard to choose which one so but do you understand what Mr. Yes. Yes. You I think you need Yeah. Go with Go ahead with the architecture. Don't wait. What engineering do they
need done? It's a very flat lot. I mean, it's wide open. There's no trees. It's just as plain a lot as you can have. Why do they need an engineer at all? Well, somebody's got to do the the detailed drainage plan and and that kind of stuff. There's a septic system involved.
Because my suggestion a lot of the the approvals like the perk test and everything are all done. A lot of foundational work is done. That's good. But you still need an engineer. Okay. So, but if they found an architect to design the house, maybe they can get from that architect the names of some engineers. Yeah. I don't think you need
to have an engineer on board who has to have any real detailed discussions with the architect before the architect can do what the architect needs to do. So, do you understand what the board is saying that you're probably I mean, we're giving you a little bit of advice, but you can certainly do what you want, but a lot of people have
seen are pretty well known here um in terms of building and they're saying maybe you want to go to an architect to get the ball rolling faster and maybe that architect can give you someone else. Okay? In other words, get yourself an architect to design your house and
then ask the architect, "What engineering do you need?" Mr. Schl suggested you're going to need an engineer for drainage, but then ask the architect to suggest an instead of waiting, finding an engineer, waiting
for the architect. Go get an architect now. Ask the architect to suggest an engineer. That should move you along. Your current engineer. I agree with you, Mr. So um could I could I say the architecture is the first step? We think
it is should be the first step but that's up to you. We don't you know Oh I see. Or they can be pursued at the same time. Same time. What Mr. Schlly was saying is if your lot was steep slopes and had engineering issues, engineer first, architect
second. What Mr. Sly says that your lot is primarily flat. Yeah. No trees, nothing. Right. If it's primarily flat and there's no trees, it's architect first, engineer second. Okay.
We think that will speed things up. Yes. Go ahead. No, please. I I agree with Miss Mad. I'm a retired development manager. This this could be done in one week. Engineer. Yes. One week. A It's a PL. You already have it done. Flat plan
could be done. This is very good for the for the engineering. for for the engineer to actually show up. No, no, for the actual time required to do it time. That's the reason to do simultaneously. Okay. So, based upon that, I think that
what I'm hearing from the board is that we want to keep the one-year condition. Okay. Okay. Is that correct, board? Yeah. Yes. Can I just make one comment on the variance? The there was only one variance involved is for lot yield, right? And that's the the maximum number
of lots that you're entitled to based on the gross tracked area that in this case based on their area minus wetlands and everything. They were only entitled to one lot and they proposed two and the board granted a variance to allow two lots. Now that lot has already been created. So the variance has already
been acted upon and right now we're dealing with a conforming lot. So there's no variances to expire or anything like that or or um sleeping variances if you will. How many houses are in the neighborhood around around their lot there? There's the the one the
remainder lot, the Moyet lot, and then one big lot next to it and and down Mountain Road. Very rural. Theoretically on that theory, you could take away the condition, but well, I wouldn't recommend that. Oh, no, no, no suggesting. I'm just saying there's no
variance to preserve here, and there have been no zoning changes since the original approval or anything like that. If there was no condition, presum you know five years could go by everyone can get used to a certain thing and all of a sudden they come in for a construction Oh yeah yeah yeah okay so based on those
suggestions and what I've heard from the board we would like to keep it at the June 7th June June 206 with the idea that obviously if there's something major calamity or something
you know you can come back to us but hopefully with the advice you've been given, you will be able to resolve this. So, free of charge. Are you are you comfortable with that? Yes. Yes. We totally understand. And we also hope hopefully I think it's good
you came in today. You got some good advice. Yes. Yes. That's good. You know, yes. And hopefully your daughter will have a new home before she graduates high school. Hopefully. So, um All right. So, we're going to You have
nothing further to say. I'm going to ask for a motion from the board to modify further modify condition 20 to extend the time within which to secure the construction permits to June 7, 2026. Would somebody like to make that motion
for me? So moved. Thank you, Mr. Rubino. Is there a second? A second. Mr. Seville, may I have a roll call? Miss Kefir. Mr. Craig? Yes. Mr. Kuzo? Yes, Miss Nandu. Yes, Mr. Rabino. Yes, Mr.
Seville. Yes, Mr. Keny. Yes, Chairwoman Master Angelo. Yes. Thank you. Good luck. Thank you for coming in. Thank you so much. We appreciate it. We'll see you again. We appreciate your professional suggestion. I will try my best. Listen,
I I'll add one thing for you. The the architect list that you have, try and find an architect outside that list. Look for some other options so you're not you don't get tied back to the engineer. You say outside of the list of Yeah. Somebody that you weren't recommended by
separate yourself. Okay. Or ask them what other engineers they work with besides Mr. the person that's your Okay. Okay. All right. Okay. Thank you so much. All set. Thank you for coming. Have a good night. You
too. Thank you. Okay. So now we have a resolution authorizing an executive session. Uh whereas NJSA 10 colon 4-12 the open public
meeting act authorizes this board to exclude the public from that portion of a meeting at which the board discusses certain matters. Whereas the board is about to discuss such matters, namely attorney, client privilege, legal advice regarding affordable housing where confidentiality is required for the
board attorney to exercise his ethical duties as a lawyer. Whereas this board believes the public should be excluded from those discussions. Now therefore, be it resolved by the Bernards Township Planning Board on May 6, 2025, that the board now go into close session and the
public be excluded, and that the board believes that the discussions conducted in the closed session may not be disclosed to the public because they will involve attorney client privileged advice. May I have
a motion to approve this resolution? So move, Mr. Mr. Rubino moves second. Tank. Oh, Tank, excuse me. Second. Second. Mr. Rabino. May I have a roll
call? Mr. Crane? Yes. Mr. Yes. Yes. Mr. Rabino. Yes. Mr. Seville. Yes. Mr. Treaty. Yes. Chairwoman. Yes. We are now in close session. We've got turn off
the