that's cool okay we are on the record okay yeah in accordance with the open public meetings act please note the following all Burnersville Burough Planning Board meetings will be held in person in the meeting hall on the second floor of the Burnersville Municipal Building at 166
Nine Brook Road meetings will be live streamed on YouTube with no opportunity for public comment members of the publication to offer comments or ask questions will be required to attend meetings in person youtube liveream access for all meetings is uh YouTube
Burnerville Buroughstreams this link will also be available on the agenda for each meeting which is posted on the burough website www burnersville bureau.org and on the Burough Hall public holding board at least 48 hours prior to meetings notice that these
changes is also an email to the Burnersville news and courier news by posting a copy on the burough website and by popping a copy will be in the municipal claw on January 23rd 2025 it's the intention of the board not to continue any matter past 11 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 cutoff 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 begin testimony of a new witness after
10:30 p.m any hearing conducted by the board is a quality judicial proceeding any questions or comments must be limited to issues that are relevant to what the board may legally consider enriching a decision the quorum appropriate to a judicial hearing must
be maintained at all times you roll call yes Mr chairman mr demarco is absent miss Gallard present mr graham here mr morrison is absent mr sassa
I'm here sassa is here via Zoom for the record mr simhoff is anticipated to be departed here he is anticipated to be present on time hear the troubles okay Mr soff here
mr walden here and Mr zarino here we have the chairman thank you um about meeting minutes or updates for the 27
thank you for being welcome anyone get a chance to review my minutes Yeah i I didn't see anything that stood out okay take a motion to motion to approve
the minutes from March 27th march 27 all second all in favor I I require uh communications uh the request for extension the request for extension which they're handling and
um uh we send out the u these items that relate to the park and recreation plan any uh any business you want No I can't just listen to the parks and recreation discussion today because I'm on the committee and I couldn't come for
any help all right so we're up to request for extension of time sure the first one we have I believe is echo and that's going to extend in the time expected for extend 190day initial
period for final minor subdivision uh which would uh expire on May 2nd absent an extension requested for a 90-day expansion we generally grant these uh in fact universities for my experience granties um as long as there
is some reason given uh for the delay and uh there were multiple reasons given in the letter dated April 14 2025 from Miss Echo relating to issues relating to the mortgage
company as well as other matters uh local board finds indeed that that's a sufficient basis to uh for a 90-day extension the resolution has been drafted accordingly uh and uh that deadline would extend from May 2nd to I
believe it's July 31 of this year uh and the only condition would be that all the conditions from the prior resolution remain in in effect in fact uh courts so it's a motion second roll call i believe everybody even if you did not
participate in the equal matter technically you're still qualified but you may all participate call on the end okay take a motion I'll move to extend a second roll call
miss Geller yes mr graham yes mr sasso yes yeah Mr flock yes mr walden yes and Mr yes the motion carries okay and the next one and the next one
Mr chairman with your permission i guess only the names change maybe so the recesses change but it's a very similar uh request and a very similar application to extend uh actually 10 days
i bet I'm sorry right let me just double check that they actually only had they requested it and they extension we get them bus yeah I would act well that would be a very reasonable and
prudent thing to do in my opinion even though it's not a legal issue uh and I have seen it done many times before when boards have looked at a request and said that's great but so that they don't have to come back in a couple of weeks just in case it will be prudent to give them
longer if it's justified well even if they have a meeting to extend risk exactly exactly so so here uh the board may well want to do that i'm sure there would be no opposition in the control of the board um yeah it he
he did only do 10 days and the reason was there was he claims he only needed like one or two days with the mortgage company to straighten it out but still I would that's never the case on the side of caution I'm actually surprised Mr
zelli usually uh is quite um concerned he he requ Yeah he requests uh everything he can get and I mean in a good way i don't know why he under requested here but yeah he approved for the board
if he wanted to do 60 days or whatever till the next meeting what about June 12th The June 12th meeting it gives him six weeks right Just pick a number of days in the
resolution with with that guidance one two three four five six 60 days 60 days 60 days so 60 days and uh let's see the original date
that it was due to expire searching for it was day yes okay okay so what would that raise to Just add 60 we'll get a date and I'll change can't change it here
be much further than they said no no no 60 days from April 18 yeah whenever they whenever it expired so it expire so it did expire in April 18th yes but you made the request the request in time yes and you can make the request
even after the fact under a set tuck was the little register not taking anything it requires the number of days and the date in the res well we have a date in
here so I just want to change it to change the date september June 18th june 18th it is so with that modification it's a 60-day not a 10 day and June 18th if the board is amenable the board can move
second and roll call vote to grant that extension as well all second roll call yes Mr chairman miss Galla yes mr b yes
mr s okay mr sol yes mr walden yes and Mr zazarino yes the motion carries and the two resolutions we just handled right Yeah a little bit redundant it's
okay we clarify that uh and we have the bills new business $3,811.75 i'll second it roll call miss Geller yes mr graham yes mr sasso
yes mr simol yes mr walden yes and Mr desino yes the motion carries and as always I you can I give you the approval to sign the bills okay thank
you professional thank you okay so um we have a discussion item uh which is the recreation element plan and um John's here and so
basically review what our next step should be and then I know there'll be something about timing which you indicated before but in terms of the plan and isolation next steps would be well the we need to verify that the changes that specified
rules were in fact incorporated in revised document i have a document it's undated but it's and I check it against my 21st and the changes are in there okay what we
recommend is that the next steps would be to you know satisfy the changes because they've already made the document the document they very well wait and be process would be to schedule a public hearing date to provide public notice
and be set says do we need one or two public hearings One okay 10 days before it's different than it's not it's not a redevelopment this is so I will um I would ask the board I mean I don't you
have the the changes the list of changes in the document you have we have the list we have a list of changes so set up a public hearing to make sure if there are any more edits I don't know who would do that that was one of the
sticking points we discussed well who's going to come back and and discuss the changes and presented and well sticking point was whether we were going to have them come back i think we can move ahead go ahead
and we had a discussion on this with the presentation the changes were as far as I know the problem I'm having is like the listing of the explanation of changes is undated i'm trying to match things up and they didn't put a revision
date on the document they amended still July 2021 so that makes me a little worried but maybe we just need to verify that's where the changes make sure that it's not going as posted they always should
put on the models i reviewed it has everything that is on the list of things but you just need to verify that this isn't blocking I think it is adoption we need to do another uh element of consistency in the terms of
like concern or you know things that have been done actually since then removed how do you well like the recommendation for the polar act was lighting you know like there were capital right suggestions and
some of those have actually been accomplished so I think is there a need to do that could be done i would adopt the document and always re-evaluate it and re-examine it appropriate times well we
could add comments you know as part of the documentation if we were to do it by the time we had the hearing then we that would be one thing we could look for updates late breaking you know updates we don't move to adopt until we've had
the hearing right Correct hearing you Something we can do is in the resolution you know put in whatever changes you want and do it and then be done with it we would
have to bring them back no we can do that do we have machine readable of this or we just have scanned or uh do we have an uneditable PDF I have I have an unedited PDF i just was wondering yeah I just had a
PDF the word document itself becomes part of the master plan do we need it to be in a certain format to it covers what intended to cover There's no No I meant editable i mean
you know in terms of going forward does it have to be in a it's a posted You have to post it if it's posted you can just post it in a PDF format yeah you can post it uh in PDF format on your website and go a website messenger button
it can be multiple formats yeah it's no PDF their own PDF this is actually it's kind of its own thing it's a separate document but it's just another element you can
add as many elements as you sitting too long before you see what struggle trying to remember is it all about the time is passing forward carrie discussion so um do you happen to
know if the new director has read this I don't know if he's read it through in its entirety i remember the previous rec director was that the board wanted to have a previous rec director go through it with the name and see what was already done and what we had decided the
board had decided or the you know with the advice of the rec committee what didn't need to be done or didn't make sense for us but I do not know and we've had really limited discussion of it since uh the new rec director Tom came
on board so I would say you know you'd have to ask him okay which I think we should do um I'm going to look at it certainly forwarded to him i'm just
saying is if you do from the Yeah public meeting and he sits here and reads it yeah bible that open space plan the open space plan is pretty old at this point it needs a little
Yeah it's distinct but yes so it's it's a and we just had a change in in the position so it's it's important that we we do that we should forward with a date you know a
date for response deadline all underlying the viewer text with the date just anything else any other actually any other comments or
recommendations for us Uh no I I don't think so not not not anything that I can currently bring from at this point I know you and I briefly touched on it just in a conversation some months ago yes we did a while ago
it was at an event one of their events it was It was last year though what was 2024 No it was Halloween or It was a Halloween event i Yes trunk or treat we were trickor treat recent so should we set a dates Well the the
only thing I would say is as the board is aware um the uh there's a particular statute that requires a particular element uh of the master plan to be adopted uh and endorsed by the governing body no later than June 30th so
separately from this the element fair share plan which may also require associated there with or shortly thereafter they find it what it should happen is once you get
that once you get through the game process you're going to be name changing probably stem I'm not sure so I don't know but I anticipated they're going to be once you do that when I go out with a master plan element update with
it when we get the ordinances implement still consistent so I accompany with either we sometimes react as part of it i'm doing that and I'm now uh but I you're going to need a new land i'm sure
you're I asked that question on the third going but here's the point once you amend your landing cell that triggers the the requirement that you do the CB city analysis yeah and I kind of jumped the gun if the housing element
and fair share plan requires an amendment of the land use element then we will be required to do the climate resiliency assessment it's not a separate independent plan element as I understand but it is a assessment and an
assessment yeah and and the best way to do it is when you sell and then with the assessment as part of you don't know who it's
but anyway to to bring it full circle so the my only point from a practical and pragmatic standpoint the board is um regardless of whatever else we have on our plate in the next two months we're going to have a heavy we're going to
have a full plate for the next two months uh what happens So um so I'd be wary about scheduling things that as much as important as it is and as
timesensitive it may be um July August September would be infinitely better than May or June in my opinion the benefit of the and the board Mr mr
table individually perhaps as well that would be my only suggestion well I don't mean um do we have to worry at all do you think about when we have the meeting the
hearing in terms of people being away or anything like that The rec committee doesn't meet in July and August that's true okay um and so there there is that we wouldn't have a chance to have any discussion if you wanted to have a meeting that's not going to be taking place after May but I do believe he'll
have a maybe um that doesn't mean that Tom will not be around do do you have a Junior meeting Yeah I think I think we will meet in June i really don't remember but um I I don't remember about June i'm sure July
and August are out so we want to be through prep or adjustments or or familiar you know refamiliarizing by um the end of June and we I think we had a June you
know and we and we and and that's coincidentally we're going to be doing other stuff through June like you said right My point is you may wish to wait until July or August or September well I'm agreeing what I'm saying is in that
case I'm going to stop i wasn't part of when you're winning the day so it's on the date and say you have to have this back well it it needs to be back you know June 15th or something or maybe
with the next maybe we should open up and let the committee the committee have this mo this latest iteration that you've been referring to it's old yeah with the changes where you move some
it's a we need to verify that the platform we have is the final draft I think it is I I'll also we can make sure that we get and the good news is that there's not a tremendous okay that we could have a
hearing for the seems to be July well depend when whenever we're ready july August September whenever Rex's ready you know I guess we could schedule it at that point we could schedule it when we get close to the That should be
one of the feedback requests man is the need more feedback does he want it adopted sooner or later Is it you know is there any pressing in it that he would like No statement although it hasn't
been and it hasn't really come up too much we have been operating under the assumption that we're just proceeding as it is going to eventually happen right guidance yes yeah and it seems reason that um anything from the standpoint of the
councils in budgetary planning as part of I that's I mean that's common so no that's the I that's already done um or that are you know that's wrapping up in other words for the year
so um for fiscal year from 25 to 26 No no no no oh no i'm sorry it's a calendar year it's a calendar yeah because we we adopted so we actually adopted during the beginning of
year 2026 capital expense funding anything when's the date she needed to when's the again we're not going to be working on the next year's probably I'm just checking that's
so you'll be doing September you're going to want the information to know you have cover anything or shift funds or do whatever why is it interesting What's the point in trying to think of various deadlines that might So that's another one
i think I think one of the key things we want to ask is if he tong if they get a chance he gets a chance to go through it and the Rick committee realizes again you know like here's the latest guidance from you guys do you want us to like bring it up for review
in September you know or or do you do you want us to push it to or do you want us to do it in August you know in July or you know Okay it's just one what what's his what what are you guys electively You want me to bring that up
Yeah you can you know you can say you're in the meeting and there was a discussion frankly you you know how the discussion is going and then we'll we'll have to reach out directly with the the final form and the request for him to turn around and the
question whether he he doesn't a lot of it's prioritization he you know may have his own wishes in terms of prioritization and that's an important vote right because otherwise
that ask people what they want and that's that's all in there yeah I know some of those items are not the big money items they are the things that Yeah he just made he'll have his own opinion
that's all i mean just like the prior director has opinion i disagree with some of them but I can see he has his own opinion about different projects i just want to help him and All right and had an email say that this there was
a discussion that they're they're going to be adopting and we will be receiving the latest and greatest if you haven't already and let's talk about whether we you know whether we want to put in any priorities yeah and use the word public hearing public before the
public hearing you know yeah there's his public hearing is not going to be until after July 30 June 30 right It's got and but they prefer July his date is different than the public hearing date his deadline if you're coming back to his deadline will be sooner yeah you'll
be setting okay anything else Is that sound like a reasonable approach Yeah so plan number one is you already brought up the the spoiler basically that you know the whole thing
we're going to need for this we're going to need to be focusing on what you just described correct okay any other discussion okay no public hearings If I may ask one question though penny application do we have
anything in the pipeline No no i go to make sure the board of adjustment keeps getting them but okay tell everybody to hold their planning board applications till after June 3rd
okay visitors none that through and then we're going to do executive session and Carrie when so we're going to do executive session when we come back we're just going to come back really briefly do something
sorry be of assistance if I could um so you don't hear me thank you very second I just finished oh that was that I didn't hear you okay no I mumbled it up here She's the same visitor
thank you all right motion to go into executive session yeah resolution i'll read it fast it's a standard that will circulate in advance next time
if we can but uh uh whereas is this are eventually um the reopening in order to go into open s whereas 10 colon 4 act 12 the open public meetings acts exclusion
public from a meeting in certain circumstances and whereas it's necessary for the planning board to discuss in a session not open to the public certain matters relating uh authorized by NDSA pen 4 at 127
uh that is the litigation privilege uh exception uh now therefore be resolved by the planning board the public shall be included in the discussion of the here and after specified subject matters one the general nature uh is litigation entitled G versus planning board and
Equinet Properties currently pending in San County Superior Court document number SOM-L546- 25 and all related proceedings and two the general nature of subject is litigation also entitled AR at Bernardville versus planning board which
is currently pending in summer state county superior court division bearing docket number soom held there 1912 and all related proceedings meetings it's anticipated that the deliberations conducted in close session uh may be disclosed to the public upon
determination of the planning board that the public interest will no longer be served by such confidentiality the resolution shall take effect immediately motion second and and voice vote is submission to go to executive session
all motion I'll move to go into executive session second all in favor I any opposed I'm going to wait and make sure that we're completely in close session before
we begin right