pleas meetings ping board meetings will be held in person at the meeting home the second floor of the Burnville Municipal Building at 16 Road meetings will be live streamed on YouTube with no opportunity for public comment members of the public wishing to offer comments
or ask questions will be required to attend meetings in person YouTube live stream access for all meetings is uh YouTube uh at burnard b/ streams the link will also be available on the agenda for each meeting which is posted in the burrow
website Bernardsville b.org and on the burough H public bulletin board least 48 hour prior meetings notice of these changes has also been emailed to the Burnville news and C news by posting the copy on the burough website and by following the copy within municipal
clerk call on January 23rd 2025 it is the intention of the board not to continue any matter past 1 p.m. at any regular or special meeting of the board unless a motion is passed by the members then present to extend to a later specified cut off time and same shall be announced at the opening of
each meeting in addition the board does not intend to begin a new hearing after 10 p.m. nor be the testimony of a new witness after 10:30 p.m. any hearing conducted by the board is a quasi judicial proceeding any questions or comments must be limited to
issues that are relevant to what the board May legally consider in reaching a decision the Corum appropriate to judicial must be maintained at all times this doesn't have any mention of the zoom did
it because we are zooming also right yes it doesn't say that in the beginning it's a YouTube oh it's a YouTube y yeah we're not zooming weing we're not zooming
scaming okay everything's fine so roll call Mr DeMarco present Miss Geller pres Mr Graham here Mr Morrison here Mr Sasso here Mr Sim here Mr Balden you have a Mr chairman thank you
uh meeting minutes any comments I know Karen has um passed on actually just said everything is great great for the meeting minutes to Denise any any other comments from anyone take a motion to a
Time different eligibilities oh okay it's the same for November and December but January is different so motion to approve the minutes for November 14th and December 12th all in favor
sorry was the second there wasn't a second okay all in [Music] favor get the ABS for those who are absent yeah and then the next one motion
to approve the minutes for January 16 2025 second all in favor thank you I'm just not and no so that pass okay Communications s JDP approval for
[Music] 141 no visitors um and we have old business plus one more thing okay old business we have to we have the first one is uh Ben so that's that's as far as I can
go memorialize I actually do have a couple of last minute um the uh and I think they are all in the conditions section primarily for clarification purposes this was
approved by all board profession applicant Council team um but just for clarification purposes in condition three on page 24 uh where we're talking about Crash pickup from and deliveries to the
property shall be permitted during off hours only uh it may be better clarified after that 12 hours only to say I.E when the restaurant is closed close open prank
Clos bur so we can add that um if the board so desires same yes they're both covered in that okay condition so that it would better clarify what off b means so it's not
subject to misinterpretation um and then condition five on that same page page the African shall obtain an affirmative permission from we have everybody had do NJ do to remov the impervious areas found on the
souly adjacent property but it may be New Jersey Transit as New Jersey trans so so what I thought we would do since this has been approved by everyone professionals applicant team maybe the
prent thing to be to leave the or New Jersey Transit which ever is applicable we know I think you could say the owner of the sther property well whatever you yeah uh um and then I had one other um and
that is conditions 8 nine eight is all employees of the proposed Cafe shall be required to park off site we then have a condition that requires the applicant to obtain permission for offsite employee
parking from either the owner of 37 marown road or the burrow and I guess the question becomes as long as all employees are parking offsite legally parking off site um Provisions
for make Provisions for that well that's what I'm saying I'm saying maybe limiting it to those two options wouldn't be Pro the point was we didn't want their employees to be taking up parking on their site not just on their site but
you know also parking is a premium so from those two or other private enement or I don't know how is that an option because the other option was to park at the train station
parag well we again I'd rather change it sub you want to say offsite nonpublic parking offsite non non offsite nonpublic parking or other offsite non
nonpublic nonpublic parking and nonpublic always means street parking what if the bur decided they had five extra parking spots over here or something in a year or something that doesn't I'm just curious the public means in your nonu your world well we already have the
bur in there oh I'm sorry yeah so I guess I think that might broaden it enough so as to make it more reasonable than the way it was limited before I was
your so it it they're prevented from doing what we don't want but they're given more options to do what we do what we want them to do that what they agree agree yes you're just saying remove the specific address and you're saying no no I'm saying leave the
specific gotta yeah but and and the fact that the bur is an OP add the broader third option of anywhere else that is offsite nonpublic parking if that's okay with the the board of Po then uh I
believe same that that was it those three conditions Modified by way of cl theing cl speaking the resolution and aside from Mr DeMarco all other members in attendance vot on this
resolution there would be a motion to adopt the resolution as modified I'll make that second no M Geller yes Mr grah yes Mr Morrison yes
Mr Sasso yes Mr simov yes Mr Walden yes and Mr yes okay I'm sorry s's absent and can't vote maybe you said this
Garder I heard eight names two three four we're good good all right second on this section is the memorialization of the Somerset Hills High School Capal project
RW that was a more in depth Capital review project C than usual enlightening I didn't mean that to be and it's good I hope you found me I hope so it did also go through the board
professionals and uh I guess applicant wouldn't be the right word but the the district's attorney also take a motion second okay Mr DeMarco yes Miss Geller yes Mr grah yes Mr Moran yes Mr s
yes Mr sim yes mral yes and Mr yes now do we have to do the credis I do have that that was yeah it's a uh on one page but for the decision maker so how does that work with voting
eligibility oh the the um everyone is eligible uh we don't have any refusals on this so uh everyone is eligible to vote on it because it is effectively procedural but it's also per
court order vacating uh proceedings so uh so you do not need to have qualified yourself or have been involved on the vote one way the other initi which goes back a few years and this basically does what uh
basically there's a court order that vacated the board's prior decision not because the board did anything wrong in fact it was explicit that the board did everything right except the applicant in that particular matter uh did not know
the by the immediately adjacent neighbor uh and uh and that is why vated on a technicality well yeah technicality very subst technicality but yes yes the right the right to appear be heard um but uh
so so this is really procedural and and it it sort of closes the book If you will uh in accordance with that case manage excuse me with that court order uh so that we as an administer body recognize that court order we vacate our
prior action our prior resolution and now if and when they come back to noticing everyone properly uh they will be heard by us and and we wait and see have the tax records actually been updated I know we we should Den we have
someone on this make sure that the tax records actually have been updated well I think yeah again just to be clear the the basis for the decision had nothing to do with the tax records status drug uh I believe but I believe they in fact
I know fact um that they a long time ago uh were accurate were accurate if not accurate even at the time the um applicant orally made the request for the law lot and lot that's a bigger
question but but but they may but they are accurate because if in fact the records were correct then that's a bigger issue than it was just absolutely follow subse subsequent to that time there was in the course of the
proceedings there someone made a request with the correct block and lot and the result list was the list not only the correct list the list that would have and should have been obtained originally
by the M okay all right I'll make a second okay Mr DeMarco yes Miss G yes Mr gr yes Mr Morrison yes Mr Sasso yes Mr sim yes Mr Walden yes and Mr Z yes motion carries thanks okay new business
re builds Mo we pay the bills the amount 8,576 Mr DeMarco M yes gr Mr morison yes Mr s yes Mr sim yes Mr Walden yes and Mr zazarino
yes thank you okay no public hearings um we do have to carry m the m car right because uh they requested that we car without further
notice I'm that well without further noce was notic there didn't have to be no the that matter they say that they would make the next state so they want
about an hour ago and said they wanted to take March 13th but they wouldn't have revised plan events bright they said can you you know make a concession since to R and I said I'm
sorry but no it's unacceptable yeah so they're probably going to be on the 27 is my gu all right so as long as we know they're not going to be coming on no need to carry in there we can I guess kind to the 273 [Music]
[Music] put on7 that's another justification after that approval with no plans okay we got that one and okay uh applications and no
visitors so we we do need an executive session do a very brief one as soon as oh we we're off would be a motion this second to go to Executive session purposes of
P pending litigation the AR anyone wish make that uh that's a record Mar [Music] is