Oh, they just want us to pass it. >> Oh, we're done. >> Good evening. Calling to order the regular meeting March 3rd, 2026. Township of Bernard's planning rise for the flag salute.
Pledge algiance to the flag of the United States of through which you stand 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
of the municipal building Kier Lane Basking Ridge New Jersey was sent to the Burnersville News Whippony New Jersey to the Courier News Bridgewater New Jersey on January 22nd 2026 >> and was electronically mailed to all
those people who have requested individual notice. The following procedure has been adopted by the Burners Township Planning Board. There will be no new cases heard after 10 p.m. and no new witnesses or testimony will be heard after 10:30. >> Yeah, we're going to have >> Yes. >> March 1st.
>> Okay. >> Put up on the >> Well, that's going to be the ordinance today, correct? >> Yeah. So, this will be amended to March 1st. Okay. Um, we previously administered the oath of
office, Mr. Drill did, to Mr. Gagen Argarwal, class four member, alternate two, who is filling the unexpired two-year term of Miss Ali, and it will expire 1231 2026. Welcome, Mr. Agarwal.
Uh, roll call. Miss Slayman, please. >> Mr. Angelo >> here. Mr. >> Argo >> here. >> Stannon >> here. >> Mr. Crane >> here. >> Sanduke >> here. >> Mr. Schaefer >> Miss >> here.
>> Here. >> Tommpkins >> here. >> Here >> and for the record, Miss Layman is present. Madam Chair, you have >> Okay. And I do note for the record that we have absences of Tyler Seville and
Daniel Eorio who had previously let us know that they would be absent for family and community uh reasons. So with that in mind, it would ask for an excuse for the both of them from the board >> and Duke second.
>> I uh they are excused. Uh the next motion uh item on the agenda is the approval of minutes from the January 20th, 2026 regular and reorganization meeting. Uh
these minutes have been previously dispersed to our board members. Does anyone have any edits, additions, or comments? I'll ask for first a motion to approve
organization minutes. >> Second. >> Second. Miss Smith, may I have a roll call? >> Bannon? >> Yes. >> Crane? >> Yes. >> And Duke? >> Yes. >> Mr. Schaefer? >> Yes. >> Smith?
>> Yes. >> Yes. >> Mr. Tomkins? >> Yes. >> Chairwoman, Mr. Angelo? Yes. And uh the same would go for the January 20th 20 26 regular minutes. Those were previously distributed. Can I have any additions,
questions, comments? Seeing none, could I have a motion to approve the minutes? >> And a second. >> Second by Miss Bannon. May I have a roll call? >> Bannon, >> yes.
>> Yes. and Mr. Schaefer. >> Yes. >> Mr. >> Yes. >> Tomkins. >> Yes. >> Mr. Woman, Mr. Angelo. >> Yes. >> Thank you. Next item on the agenda is the uh close session minutes, the
executive session on January 20th, 2026. Those were distributed to the board in advance of tonight's session um earlier tonight. Does anyone everyone had a chance to look at these that are eligible to vote? Any comments? Seeing none, I'll take a
motion to approve minutes of the executive session. >> So moved. >> Who was that? >> Tomkins. Second. Mr. Suri. And I have a roll call. Miss Slayman. >> Bannon. >> Yes. >> Mr. Crane. >> Yes.
>> Baur? >> Yes. >> Miss P? >> Yes. >> Mr. Tomkins. >> Yes. >> Chairwoman. Mr. Angelo. >> Yes. Did I ask everyone to pass those to down to Mr. Drill? >> Yeah, that's fine.
>> A special book. Want them lying around. >> Okay. Thank you. The next item on the agenda is the appointment of the planner for the board. Resolution number 26-05. The appointment of Miss Allison Fehee as
board planner. Miss Fehee is here. Welcome, M. Uh, this resolution was likewise, uh, given to the board in advance. Does anyone have any questions? Uh, may I have a motion to approve the appointment of Miss Fehee, please?
>> I'll make that motion. >> That was Mr. Crane. >> Yes. >> Second. >> Bannon, could I have a as a second? Could I have a roll call? Yes. >> Bannon. Mr. Crane. >> Yes. >> Miss Duke. >> Mr. Schaefer. Miss Smith.
>> Yes. >> Mr. Spurvy. >> Yes. >> Mr. Tomkins. >> Yes. >> Mr. Woman. Mr. Angelo. >> Yes. So, uh, congratulations. You're appointed. >> Very happy to have you. Um, next item on the agenda is the adoption
of adequate notice policy resolution number 2606. Uh, just to give some clarification, this has been obviously given to everyone in advance. The main difference here is that in the past we posted our notices on the bulletin board in the
reception hall the municipal building building and we either mailed as you heard me read in the open public meeting statements mail telephone electronic or handd delivered to the Burnsville News and the Courier News are notices. We
have added now after Sunday, March 1st, 2026, um that this notice will also be publicized on our official website, burnards.org, and filed with the township clerk and
mailed to anyone who requested notice. So, the big difference is just that we're putting it on our municipal web. So, is that your understanding is Mr. Drill? Do you have any comment, Mr. since I hear you whispering.
>> He's getting he's a ahead on the agenda. >> Okay. >> Do you want a very >> Okay. So, may we're seeing are there any questions on this slight addition that we're adding it to the website? I assume not. Okay. Could I have an uh motion to
approve this resolution number 2606? >> Make that motion. >> That has the uh primary motion. Who's seconding? Mr. Sperby, I have a roll call. Mr. Agolf, >> yes. >> Bannon, >> yes. >> Mr. Crane,
>> yes. >> Schaefer, >> yes. >> Miss Smith, >> yes. >> Mr. >> Yes. >> Tomkins, >> yes. >> Chairwoman, Mr. Angelo, >> yes. >> Okay. Our next item on the agenda is a completeness hearing for Ridge Oak
Management, Inc. Block 1611 lot 40 and block609 lot 22.01 also known as 95 and 150 manchester drive preliminary and final site plan PB
26- 001. >> Madam chair I'm going to recuse myself. >> Okay, Mr. Crane is recusing himself >> just to avoid even appearance of um conflict.
>> Nothing to do with any of the churches. >> So, Mr. Crane is leaving, just for the record, has left the room and he'll be back when this is done. So, and also for the record, we have a memo, a revised submission dated
February 27th, 2026 from our town cleaner, Mr. Schlly, which everyone should have received. I would ask that um do we need >> Yeah, we do. Oh, sorry. I didn't see you.
>> Um could you please? >> Yes. Good evening, Madam Chair, members of the board, board professionals. Luke Pontier of the law firm Dave Pittney here this evening on behalf of the applicant >> and normally in the go started off with >> his memo. >> Yes.
>> So I assume you've gotten Mr. Schlly's completeness. uh review. Um could you take us through the items that he has flagged as incomplete or deficient? >> Absolutely. Thank you. And yes, we are in receipt of Mr. Schlly's memo from
February 27th of this year, 2026. Uh there are five submission waiverss that we are seeking this evening. Uh one is from item 17 of your preliminary site plan checklist and that really is to provide will serve letters. So this is a
site that has existing utilities servicing it today. So we're requesting a waiver from providing the will serve letters time again because there are existing utilities there. Uh and and part of that also was to provide uh the uh utility layouts and the final specs
of those uh and so as seeking preliminary and final site plan at the same time providing those final uh layouts. So the only question on that I have is water and sewer and
there adequate capacity for >> I believe so we do have our here as well and yes there is adequate water and sewer >> because you're going from a two acre single residence build uh home to a twotory 29 unit senior apartment building.
>> Correct. But do you have something in writing from the sewage authority? Why don't why don't you come on up our engineer to provide some testimony on that? And the reason I ask is because unlike the other utilities, electric gas and
that sort of thing, um there's published a pellet division case law in New Jersey that even if let's say an application came in and it had no variances, no exceptions, it complied with all the ordinances. Pellet division says a board can't grant preliminary approval unless the four
essential elements of a development are proven. feasibility, not permittability. And it's storm water, drinking water, sewer, and traffic circulation. So, usually the way you
prove that you're going to have adequate water and sewer is you get a will serve letter from the two utilities. Let's get Can you state your name for the record? >> Matt Dreheim with Gladstone Design. You spell your last name. >> R A H E I M. >> Right hand. you swear or affirm that the
testimony you're about to give in this matter is a >> so uh at this time we have not received the willider um those are again the water it would be a service connection so in order >> right but how do you know that there's
adequate can you get a letter from them saying there's adequate capacity to serve you you don't need you don't need permittability you don't need the service connection you just You need to show that the utility has adequate water and they're willing to give you water you need.
>> Water company will not provide a well serve letter because there is a existing >> Dave. Do you want any do you know? >> Let me get I know it's served by water. I don't know.
have been doing this recently with with applications trying to get will serve letters from you know the the water company and they >> which water company is this >> you guys know anything about this >> I I mean I agree it's very difficult for applicants to get that
maybe someone else from your team why don't you come on up to the table the more the marrier >> you could stand at the podium >> yeah can you identify yourself for the record. >> Yeah. My name is Bonnie Kelly. I'm the director of housing development for Ridge Oak.
>> Housing. >> Yep. >> Affirm the testimony you're going to give in this matter will be the truth, the whole truth, nothing but the truth. >> I do. Um I do actually have a will serve letter from the Bernard's Township Sewage Authority dated January 4th, 2023.
>> Dave, do you have that in our file? >> I don't. The reason that we had this letter was because at the time we were applying for federal funding. So we had to have the wills serve letters as part of that funding application. So truthfully the engineers weren't even
part of that application process. >> So you don't need a waiver from submitting >> the sewer. You're going to submit it. Correct. >> Yeah, we'll submit this. Yeah. And we have water as well. >> Great. But what did you do for federal funding? You have a water we'll serve also. Yes,
>> I thought so. Just so you know, New Jersey Water provides a lot of my board clients properties with water and they all get will serve from them. So, you have a will serve from New Jersey water, right? >> Absolutely. Yep. >> Yeah. So, you don't need a waiver from that. >> Wait, the date does the three
>> What's the date on that? >> Uh January the water New Jersey American water is January 2nd, 2023. And the sewer I think was January I know it was January 2023. Hold on, let me go backwards. >> Get updated.
>> I mean, if you want updated, >> let's get it current. Let's This three years out. Let's Let's get them updated and then submit them. >> Okay. January 4th, 2023 was the sewer letter. >> January 2nd, 2023 was the New American
Water. >> The applicant agrees they're going to submit updated water will serve letters. Correct. >> Yes. We'd request that we still be assuming Well, we're not let's not get there yet.
Let's start. So, you're modifying your waiver request. You're seeking waiverss of all the utilities other than sewer and water which you're going to submit updated updated letters on for the application to be deemed complete. Correct.
>> Next item, final plans and profiles of all storm sewers. Yes, this is item seven on the final site plan checklist. And again, this really relates to the fact that we're submitting preliminary request a waiver until providing an asbuilt at the end of the project to
show that that an asbuilt requirement or is that a requirement to final site? Let's get you sworn the record your name
for affirm testimony you're going to give in this matter as you told nothing but the truth. Okay. So you have no objection to the board granting a waiver of item two. Is that correct? Let's get everyone's form. What the
heck? Hand up. You each identify yourself for the record. Board planner, board engineer. >> Both of you swear affirm the testimony you're going to have in this matter.
>> So, Mr. Shger, do you know uh I assume that you agree with Mr. that if that's been the practice of the township to get them as as built some most of my clients require them before they grant final but if that's what the township does you have an issue with that
>> no no issue and I spoke to both Mr. and the applicant's injury. >> Number three, could >> certainly so this this follows the same line of of thinking here. This is item eight on the final site plan checklist and it's final plans and profiles of all sanitary sewers. Again, we would propose
to provide that as an as. >> Do you have any objections to that, Mr. Shreger? M >> I do not. No. >> Next. >> Uh next is item nine on the final site plan checklist. That's final plans and profiles of all water manes. Similar
>> same answer, Mr. Trager. No objection. And finally, number five on our Mr. Slice memo. Organizational documents. >> Absolutely. So that's item 13 on the final site plan checklist. Organizational documents for if there is a need for a homeowners association.
To the extent that's required, we would propose to provide That's not required, is it Mr. >> I mean in this case have them prepared by Has anyone thought about getting them prepared yet or not?
When do applicants of developments of this size generally submit those? Is it a condition of approval at the end? >> They worked out the >> Yeah. don't have an objection to this.
What the board might look for >> issue is the only two items that the board is not going to wave >> the will serve for this >> right will serve water will serve sewer. Just so you know, when the board determines something's complete, the
clock starts clock starts. But the hearing can start before something is deemed complete. So there's, in my opinion, no problem with the board granting all the waiverss except for those two, not deeming the application complete until
the bill setting >> a hearing. >> I think that would be in your best interest because then we're not starting you off on and asking for an extensions and everything. >> That's what I'm saying. My advice is do
not deem it complete because >> correct. You can't. But if the board wants to let the hearing start >> Yeah. So what kind of hearing dates >> at uh April 7th? Correct.
And is there if it doesn't conclude in one night >> the next date is >> May what? >> Five >> May 5th. Okay. So, can someone make a motion then
to grant all the waiverss except for the will serve water and will serve sewer and specifically that the board wants updated will serve sewer and will serve letter water and will serve sewer letters
submitted before the application is deemed complete. >> There you go. >> That Mr. Tomkins and >> said it very >> didn't want to have to repeat that. like to >> I would like to second. Yes, >> that has a second. Uh is there any
discussion before we have a call vote? >> I just have a question about is there any precedent to provide these kind of waiverss? >> Yes. Yes. Thank you. Mr. Argaral is new and so he's asking some good questions.
>> What generally happens when board members ask me legally, what kind of advice do I give whether My answer is twofold. If one of the board experts says they need that
they don't need it for the report, then go to the second that is does the board need that determine whether or not to grant the application. Well, if it was something like an EIS, an environmental impact statement, then you might want to not
only say, "No, we're not granting that and we're not deeming the application, not going to give you a hearing date either." In this case where my advice is the board needs to see the water will serve and the sewer will grant the
application and the knows then my advice would be deny the waiver. But if they want to you know start hearing as long as they know those things have to be submitted prior to the board being in a position to vote on it. And until they submit those things the
time clock time that the board has to decide the application. So what's the big deal? That's my legal standard. >> So in other words, it's a significant
and and I do believe in this case, Miss Kelly has shown us that these will serves have been granted. So it's really just All right. So any other questions? Thank you for your question. >> All right. So then I'll ask for a roll
call on the Mr. >> Argo Bannon. >> Yes. >> Smith. >> Yes. >> Mr. Spurvy. Mr. Tomkins. Chairwoman. Mr. Angelo. >> Yes. Motion passes.
>> We'll see you on April 7th. >> Okay. Thank you. >> On your way up. Can you Mr. Craney can come back in? >> Yes. Thank you. Thank you for coming. bending out the bad cop. >> I'll be the good cop when he comes in.
>> How was your conversation, Mr. Crane? Welcome back, Mr. Crane. For the record, we have Mr. Crane rejoining us for the rest of the meeting after his recusal. Recusal. All right. The next item on the agenda, the ordinance referral order ordinance
number 29 uh 2593, excuse me, an ordinance of the township of Bernard's County of Somerset, state of New Jersey, amending, revising, and supplementing the code of the township of Bernards, chapter 21, Land Development, to add
section 21-87, Incorporation of New Jersey Administrative Code, sections 5 col 99-1.1 to 5 col 99- 9.4 and New Jersey Administrative Code
sections 5 uh colon 80- 26.1 to 26.23. Um Fehee has provided us a memo in advance reviewing this ordinance and
doing a master plan consistent consistency review of the ordinance. Her memo is dated February 19th, 2026. >> No, I already swore her in. I'm going to swear her in again. This technically, even though we do this informally and
you don't need a resolution, the MLUL says that this is a for affirm that the testimony you're going to give in this matter will be the truth holds for nothing but the truth. >> Um I'll just ask you Miss Behe to give
us a brief synopsis again on this ordinance referral um and master plan consistency. um >> gonna ask you to pull your mic closer. um you've already gone through an ordinance referral process, but for
those of you who are new, anytime that any portion of your land development regulations are um being proposed to change uh and your governing body is has drafted a proposed ordinance, that
ordinance gets referred to this board for a review against your master plan to simply review it and determine whether or not it's consistent with have 35 days to report back to your governing body to tell them whether or
not you demand that. In this case, it's not actually 35 days because this has to do with affordable housing regulations. All of the information for your municipality that needs to be uploaded to the program for affordable housing
has to be done so by March 15th. So, that's a sign timeline. Um the nature of this ordinance that's before you this evening um is what can be known as an
incorporation ordinance as opposed to a lot of other municipalities across the state which are doing a simple repeal and replace of all of their affordable housing section of their regulations. Uh, in my opinion, John Bolardo, the um
governing body attorney, has done you a big favor in going through the model affordable housing ordinance that was issued by the Department of Community Affairs and kind of gone through that with a fine tooth comb and picked out
exactly what needs to be incorporated into your ordinance as opposed to a Sorry. And um that's why it's a lot shorter than what you would see in a lot of other towns. And um so given that
this is strictly affordable housing related, I reviewed it against your adopted housing element and fair share plan from last year and um essentially deem it not inconsistent
with that plan. So basically we're incorporating we're making sure that we're compliant. >> Correct. >> Yeah. >> With the fair share housing, >> the fourth round regulations. >> Okay. Which we've just gone through. So just everyone's aware that we have
adopted the new round affordable housing. Um we've gotten our share and we're working towards that. Ridge Oak is one of those particular locations. Does anyone have any questions on this? This is just in my mind to make sure we're
compliant. >> Correct. >> That's correct. >> You don't have a whole lot of leeway with this one. >> I I just like it just because yesterday I read a ruling. Uh so I just curious is
it following the latest ruling. Is that complying with that as well? >> Yes. >> Yeah. We better be >> because it came out yesterday >> when he says >> Oh, I'm sorry. Are you referring to the Supreme Court ruling? Okay. So, that that's different. >> Oh, I'm sorry.
>> That's separate and distinct from this there that was concerning a a handful of municipalities that were challenging the the requirements and that was deemed >> they lost. >> They lost at the trial level. They lost
at the appellet division. They lost at the New Jersey Supreme Court and they lost at the US Supreme Court. particular is a great like we have been all >> we were proactive and we were not part of that >> and you didn't spend any money by um getting involved as a >> litigation that litigation
>> right but good question again thank you >> I I just want >> and happy to report that that does not affect us because we were compliant >> okay anyone else have a question okay um anything for you Mr. No. Okay. So then I will ask for a
motion to approve the theme. The um resol ordinance, excuse me, not inconsistent ordinance number 2593. Not inconsistent with our Burns Township master plan. I
will make that motion. Will somebody second? Second. >> Thank you, Miss Spannon. You have a roll call. Mr. Argawa. >> Yes. >> Miss Bannon. >> Mr. Crane. >> Yes. >> Miss Manuk. Mr. Schaefer. >> Yes. >> Miss Smith. >> Yes. >> Mr.
>> Tomkins. >> Yes. >> Chairwoman. Mr. Angelo. >> Yes. >> That's pass. And thank you for your work on that. >> And for benefit of the board, >> I don't do a resolution on this. The board secretary does a letter to the township clerk advising that the board
got the referral for master plan consistency review of the ordinance and it not inconsistent. She sends it to the township clerk and then the township is then in a position that they can hold their hearing on the ordinance.
>> Great. And I'm sure if you don't you'll ask Mr. drilled to repeat himself or you could rewind the tape >> or send it to me and I'll review the letter before it goes out if you want. >> No, we have sped along and we are at the end of our agenda. So, do we have any
comments from members? >> I have a comment just um I actually watched some of the zoning board and and uh our meetings. Um, the mics are what I call third old
country here. As soon as you turn your head, you might be probably won't if that you're not going to hear it on a tape. So, they're directional mics. You really got to talk into them. I know like a lot of people would like to turn their head, but soon as you turn, not
going to hear it here. So, right, >> you got you got to be really close and uh got to almost hear yourself unfortunately. >> And I'm the worst offender. So, I know I'm the worst offender. So, I'm recovering. >> All right. So, we'll try harder to do this. All right.
>> Uh, anyone else have a comment? >> No. Okay. >> Very good. >> I just want to say thanks. Um, it's a wonderful opportunity. I'm excited to be here. That's all. >> Oh, that's nice. Well, we welcome all the new members and the returning
members alike because we have a great board and we have a lot of work to do this year and I know we're going to do it great. Um, I am going to be cancelling our March 17th meeting. Uh, since we have nothing on the agenda, the next meeting, as you heard, is April
7th. Expect Ridge Oak to be here. you'll be getting a packet um through the through email and if we need to pick up something, we'll have to come to Miss Slayman's office to pick up our packets. Um if you don't know where she
is, you'll get familiar with it. Um and I'm sure she can mail it if she had to, but we prefer to save money on postage. So, if you can go in person, it's always a good thing to show up. Um All right. Any comments from staff? >> No. >> All right. Um,
>> up there's a comment down there. >> I just want to remind all the board members that are new. >> A couple people have already done the trainings. I know it's too far for me. A couple people have already signed up for the trainings, but just if you are new, just remember
the NJO website has continually adds dates for the one that's the one time only. So check it and let me know when you >> It's very interesting training actually. uh for uh this one I have been proactive
so like I already signed up for it. >> Oh A+ >> brownie point. >> We also have storm water training for every member on the board. That happens every year and I know what you're going to say Mr. Green so don't say it. >> Um
but anyway so please also do that. Any other comments? What? There any other training that we're required to do on the board, Miss Slayman? >> No, just the two. The one one time only
with NJO and then the storm. >> Okay. Um, may I have a motion to adjurnn? Thank you, Mr. Tomkins. Second, Miss Smith. All in favor? I >> Good night. Okay.