seven by >> every time I think I'm going to Yeah, things are okay. We're about Sunday. So [snorts] Some people I can I can tell the difference, but
they don't. We're going to get a chance in the process. So by next meeting the microphone will be in effect. >> Yes. meetings act. Please note the following. All Burners Alberto Planning Board
meetings will be held in person at the meeting hall in the second floor of the Burnersville Municipal Building at 166 Nine Brook Road. Effective February 12, 2026, planning board meetings will begin at 700 p.m. Meetings will be livereamed on YouTube with no opportunity for
public comment. Members of the public wishing to offer comments or ask opinion or ask questions will be required to attend meetings in person. The YouTube live stream access for all meetings is youtube.com burnersvilles.
This link will also be available on the agenda for each meeting which is posted on the burough website [clears throat] burnersville.gov and on the Burough Hall public bulletin board at least 48 hours prior to meetings. Notice of these changes has also been emailed to the Burnersville
News and the Courier News posted on the Burough website and filed with the municipal clerk all on January 22nd, 2026. It is the intention of the board not to continue any matter past 11 p.m. and 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 quasi
judicial proceeding. Any questions or comments must be limited to issues that we are that are relevant to what the board may legally consider in reaching a decision. The quorum appropriate to a judicial hearing must be maintained at all times. Um, roll call.
>> Yes, Mr. Chairman. Mr. DeMarco is absent. Miss Geller >> present. >> Mr. Gillia >> here. >> Mr. Graham >> here. >> Mr. Malia >> here. >> Mr. Morrison >> here. >> Mr. Sato >> here. >> Mr. trainer is expected. He's supposed
to be a little bit late. And Mr. Vipiano >> here. >> You have a quum, Mr. Chairman. >> Great. No minutes. >> No. >> Okay. No communications, no visitors, just the bills.
Any no explanation, right? Nothing unusual. >> Uh, no. The only thing that anyone may question is for Boswell Engineering. The last item 15 Sanbury LLC for 65 Norris County. That was a um technical review
committee meeting with um uh Burrow and uh board professionals. [clears throat] So, they have not come before the board yet. It's um related to 65 Morristown Road, the redevelopment plan there. They're going to be subitting their
plans. >> Is that the old Audi? >> Yes. >> Okay. >> I'll take a motion. Motion to approve. >> Second. Second was Mr. Mar. Thank you.
>> Roll call. >> Miss Galla. >> Yes. >> Mr. Gillio. >> Yes. >> Mr. Graham. >> Yes. Mr. Melia. >> Yes. >> Mr. Morrison. >> Yes. >> Mr. Stafer. >> Yes. >> And Mr. Vana. >> Yes. >> The motion carries. [clears throat] >> Okay.
So, we have a request for an extension of time. Um any uh background on this you want to Mr. Chairman? This is for the building. um they're just requesting a one-year extension time protection period. That
gives them basically they have two years from the date of the approval. Um during which time any kind of change orders wouldn't end applicable whatsoever. So what they're requesting is an additional year to uh
you know for that period to this >> and what was their reasoning >> um you know I don't have their letter in front of me and other Steve put this together and uh I can find it for you >> and I'm going to ask you to speak just a
tiny bit louder. Oh yeah, my >> hope would be here to uh explain it, but I guess they didn't want to hold if they're not here to explain something. >> When does yours expire?
[clears throat] They sent the request in couple months ago. >> Um, and I think it may have been an email communication for spirit months ago, which is no >> because we haven't had meetings.
>> And we typically if there's no applications or anything major, anything that can wait like that? >> No. Has it been that long since we've had a meeting? D meeting was cancelled. It's it's been a bit. Yeah, we didn't have any in
>> I think we had one where you had to approve the bills. So, >> we did. >> We did. >> We won two meetings ago, maybe, >> right? >> Yes. And it was forgotten about this request for that last meeting that was on. >> So, these guys have COA obligations,
affordable housing obligations that are built into this. This is not a >> So does that mess up any of our >> That's a great question. >> Obligations. Um >> that >> I mean I know they're like tenure
[clears throat] batches, you know, whatever. I >> said the next phase, right? >> Yeah. >> But uh this would have been >> Did Steve have an opinion on this? >> Can you tell me one way or another? But
this is a very this is not uncomfortable for long term building. >> Well, no, but chairman's saying they're co- obligations and there's financing. There was special financing. Some of this was rushed through so they could get that. So, this could impact. This
isn't a simple extension. >> It could impact what >> it could change to downtown. and been in the works for at least 5 years. And it's just baffling that it hasn't started. There's no news coming from it. And
every other project this builder does never gets finished. >> Beyond a delay >> and it's not anything. >> Yeah. I just it was abolished years ago more but everybody still
>> Yes. >> Yeah. It was a 2022. When did the approvals expire? >> Well, they got their approval January. >> Yeah, this would be their first extension. Yeah, they
>> the resolution says it's their first. >> Hold on. Oh, you know what? There was a modification of a resolution with the second. So this is >> it was a condition >> and there's no one. Did you expect them to come today?
I >> typically for something like this they said it typically is [clears throat] >> so the original resolution was approved again this I mean the most recent
approval approval from this board was was done when >> they're asking for one year extension and that would end on January of 27. So it looks like they have >> so they're already six months. So yeah,
>> they're really only for I mean they're really six months now. >> They're permitted to ask for the extension after the ice. Yes, >> they're permitted to ask, but if there are other factors,
they're not entitled to it. You don't have a wonder. >> I'm I just started looking. >> All right. So >> if we were not to extend they would have to just reapply basically right now. So
how is the site basically do it then let's say there was a change to the zoning ordinance within you know just for example say gets approved that conforming 10 foot setback when they get approved and the ordinance changes a year later it says you need to
live buttons right because that's zoning ordinance change that doesn't affect them because they already have they have the protection period built into such. So if they don't get the extension in that situation, then they protect it would be a violation and we don't have them. But as
long as they have protection extended, they're protected changes to >> that's what it's protected. >> Exactly. >> You talking about the S6? Yeah. >> Apologize. >> Yeah.
Um, do you know that >> on Essex? >> Yes. >> Is there is the applicant here? No. >> So, I had a couple thoughts on it. I just saw it on the agenda. I don't know what you guys talked about before I got in. Quick, can I tell a quick story about why I'm late? >> Yeah. Great.
>> I was driving through Planefield, New Jersey, and Ecuador had just beaten Germany, and it was like I'm like, what's going on? It was like every car was beeping. There were flags falling everywhere. People like spilled out into
the streets. >> It was actually really cool to see. I mean, it was like they just want, you know, like the Super Bowl. Um, yeah. >> So, apologize if I'm late, but it was it was kind of a it was an unexpected delay. >> I know that we don't
>> Well, I just I don't know anything. I just saw two things caught my eye. One was it looked like their approval was in December of 2023. Wait, 22, I think. 22. >> So, wouldn't that mean that their
approvals already expired in December of of last year? >> I just explained before. So, it's not the approval. It's the statute building protection protects from changes in zoning. >> Okay. And yeah, >> so second thing I have and I saw the note about or maybe I looked it up about
you know if there has been no changes in the zoning ordinance since then um you know sort of what's the big deal. One thing I would note is there has been a relatively large change in the zoning ordinance which is the affordable housing obligation has gone from 15% to
20% since then. So, and I forget I wasn't invol I mean I was on the planning board I mean the board of adjustment when this application started and then it got kicked over to you guys and I can't remember how the affordable housing was addressed. I think they were just going to make a payment in L. >> No.
Yeah. >> All right. So, at the very least there's >> the affordable housing obligation has gone up somewhat and I'm guessing that's at least one or two units. >> Um so I wanted that was one thing I wanted to mention. Um, also it doesn't
like I I tried to look up like what the I'm sorry you probably just explained it. What like what the standard of appro like our discretion is like what do we sort of like what do we consider and it seems kind of like open-ended. It's sort of is it reasonable or not? >> There's there's two different
subsections in the statute. One is just general good cause basically like like I was trying to say before you walk in. These are this is a relatively common request from a lot of developers. Yes, you got they got to secure financing or maybe there's an issue with the building
permits. There might be something in the itself that they discover they need to regrade to certain things. >> Um um that's one standard. The other standard under different subsection um is that if basically the developer has to prove to you reasonable
satisfaction that they applied for promptly and pursued all approvals but they were held up by outside agency. Typically you see that like a highway related project dos. Yeah. >> And uh you know that's what that's why I said it's very very common request because you're usually with an outside
agency. >> Did they give us any information? >> Honestly, I look at an email that I have from their attorney and I don't see really any basis on something without the without any information. That's what I don't understand. >> I agree. I mean I'm shocked that they're
not here to like explain why they're asking for an an extension. >> Yeah. Well, they may have sent another communication. The only thing I'm seeing and I know we talked to uh Kelly from my office. I think you guys may may have imagine I think she started the meeting or too. Um she finished she was the one
who drafted this and and spoke with them and I guess she was satisfied. So I baseball backtory when I first saw the extension request. I went to go draft the resolution and I found that Kelly had already started working. So again, I wanted to reach out to their attorney
to understand what they were why they requesting it too because the email was very big as to what was being requested if at all like there indicated why. So >> let's do a hypothetical. We know that the zoning ordinance has changed. We
know that their protections already expired. >> Sounds like it hasn't expired. >> No, it has. I thought you said it it's from the date that >> they have two years from the date of the approval, but I think they this one they initially got the in January of 2023.
>> Yeah. And even this application says they're five or six months already expired because they were asking for an extension to January 2027. >> Yeah. So right now >> arguably
the modification resolution if if that happens then there's an approval after the expiration claiming that we can still approve after any risk associated with doing such an approval. >> That's right. So
>> it it so it is expired. Yes. Typically, you would have to ask for an extension before an expiration. >> Yes. >> If we're a year, six months, a year and a half past expiration and we approve,
>> what are the potential risks of such approval? There's always no risk. Arguably somebody could say that you didn't have an adequate basis to grant the approval but essentially mobile didn't need to reach in order to >> but we don't have any basis right because they haven't given us any
information and they wouldn't show it >> I think it's the co based stuff the affordable housing now they were part of the prior round so the new round is the one that's definitely impacted by changes but it it's >> it's for any it's for any it's just a
change overall to end whether it's third round, fourth round. >> So that's a big deal. >> [clears throat] >> 30 >> 29 units in this 30 some units. I think they're four five.
>> So it' be at least six or seven. I mean if it is 33 units and yeah seven >> so that's two units. So like my feeling is and it's it's a shame that they're not here to give up some explanation and
and to have this discussion about like one I think reasonable thing that the board could do if they were here we would say well you know would you be willing to you know add a couple you know add affordable housing units to the approval and we could discuss whether that made sense um because I assume
that's the case too like an applicant could as a as a condition to the extension could make a change or something like that or could say yes, we'll agree to to add more housing units, but given that they're not here, I don't, you know, it's like I think our
choices are to deny it or or approve it. Could we >> or could we push it off to another >> and ask for more information? >> I mean, it's already been noticed. I mean, if it's >> I I would say if you guys aren't comfortable with granting it, we just
carry it take care of the next one. We can reach out to you. attorney trying to get >> yeah something writing as to why they're requesting this. >> Yeah, it's a very low bar to clear but at the same time like they should they should be talking why they're [clears throat] >> and maybe they did and we just
communication I don't the bus but I really I don't know seeing anything you know explain why they're asking for >> but the point is they're asking for it is true the the resolution they're asking for extension till January of next year. >> That's it. Yes.
And of course, they won't be able to get shovels in the ground in January anyway. So, we'll be there'll be another one after this. Whatever. >> Do we know what other governmental approvals they were required to get? I mean, it's not on a state highway. It's not on a like I don't know if they
needed any other major. >> No, my guess is they just haven't been ready to move forward financial reason. It's >> definitely for financial reasons. Yeah, >> perfect. So,
>> yeah, it's speculation, but >> No, no, I I know. >> Yeah, >> but yeah, >> I'll take it. [clears throat] >> It's It doesn't They're already over. It's not like, oh my gosh, they might expire while we're in recess kind of
thing. They're already over it. So, to me, doing what you suggested, carrying it with no further notice to the next meeting. Yeah. >> Having them get their ducks in a row, explain it, >> have us address this. There's no harm, no foul on >> doing that because [snorts]
>> they're already in. >> Okay, let's follow their castle. >> We don't need to we need to vote to do that. >> Yeah. Okay.
the resolutions for adoption. So, the install are prior resolutions. Um, one we just took care of, but the uh lot line adjustment for the Anderson Hill Road property
that was at our last meeting or the meeting last meeting. >> Yeah. >> Okay. Any um see you have a resol we passed a resolution. Was there any other refinements that we should know about? There was recommendations to resolution by notice
that they were not incorporated in the draft that's going to draft that stated uh draft June 18th 26. >> We had one dated June 11th 26 is where my comments >> we sent a new one uh June 24th.
>> I did not see that. >> Okay. >> And did you book in the box account? Yeah, I burned this on the box >> today. >> Yeah. >> Yeah, that's the one that's on 618 26. What's on the box? >> So 25 didn't make it.
>> That's 618 26 is all about the 624 26. >> We don't we all read the wrong one. Then >> you want to just read your recommended. >> Does somebody have the 624? We can read it.
>> I have 625. That was today. I this is substantively different than 614 black service. >> Can you can you see? >> Yeah, sure. I can pass everybody.
>> I just want to know comments. Yeah. Did you This one has been Yeah. out. Who did she send her changes to? >> Uh, that was sent to somebody.
>> Yeah. >> Pretty reasonable. Yeah, it still references Paul Bley as the engineer, the author of the letter. So, >> all right. Well, I hate how to change.
>> Yeah, I think they um change on the fly right now. Yeah, we we the board's comfortable on the changes or if you'd rather just have >> we could just push this too. There's no
>> Yeah, there is there any brush on this? >> Thanks. >> They were trying to replace the deck. >> Oh, that's right. >> Yeah. >> Yeah. >> Yeah. Well, yeah. >> Well, the thing is we don't meeting
>> months. Has the applicant agreed to the said yesterday? We sent her she looked it over and she had a few provisions. That's what I assume that she was shot and CJ CJ
just I guess I know they saw that motion. >> What I'll do is I'll mark up this one and I'll give it to and then Yeah. >> Their council needs to see it. >> We can't vote on something.
>> Well, yeah. Their council is if they're members of the applicant. >> It's still their council. >> We can't wait. Wait, when's our next meeting? >> 23rd. July 23rd. >> And this is just to put a deck on the back of the house.
>> No, no, no. >> They needed set for setbacks. >> It was they about like how they enter the house. They go into the house off the deck, right? >> Yes. Ironically, the
the reason for the law adjustment is to avoid the need. That's double side. So, they still need the variances. >> Yeah. Because they were looking at five based on weight and how it is. >> So, I'm sure they ended up doing more
work in >> Okay. So, so you're going to incorporate the change. >> Make sure Steve Chang is getting the next version. why they were incorporated to the lawyer and then >> so this one will be pushed also.
>> Okay. So we are up to the discussion of the recreation space. >> You're on. >> Nobody likes Google though. Listen, I I'm still a firm believer if it provides value to the town to take the old
version, remove all the chapters that are unnecessary, keep the three chapters we thought were important. We can accept all the changes that we've already made so it's a cleaner document and I can send it in a different format so it's easier for everyone to edit.
>> Yeah. I mean quite honestly like I had the best of intentions to go through the whole thing and it was kind of daunting and then I got busy and I'm like and then on top of that it was like my experience of the last 18 months is that nobody looks at it anyway maybe because it's not adopted but like right
>> like so what happens from like council's perspective is let's say like field is going right now we need a new playground like nobody looked at the recreational after plan is like the baseball folks were like, hey, you know, can we get a,
you know, can we fix the little uh bathroom there? So, it's like you get these like kind of ad hoc requests from, you know, totally logical, reasonable requests, but they sort of come from all over the place. Like baseball has a request and then like the football team
wants like a place to store their equipment on. So, and no one's looking at like an actual map to plan. It's just they come in and the recck committee sort of looks at it and goes, "Yeah, this this seems reasonable." And then it gets kicked to the council. So I I do agree that like a simplified version of
it would be nice. Um and and hopefully maybe then people would actually look at it and and say, you know, is this consistent with the master plan when we make changes? >> Well, the key is it's publicizing it and it is the rec committee that it's for recreation. It's supposed to be
shephering it and using using it as you know keeping things on the rails. >> Yeah. You know, the other thing it did say, which is a little daunting, is before you start any one of these parks, >> do a plan for the park. >> You know, [clears throat] it's like, no, don't just put a shed in and you feel
like it. >> Yeah. >> Um, >> but u coming back to the fundamentals, I think it's it's dauntingly large today, stripping away the uh segregating, right? Because we're just partitioning
it away, right? >> Right. and saving it in some way and saving it in some mechanism at least per which to be decided on but focusing on the heart of the matter >> which are the uh chapters you indicated.
So is everyone okay with that approach? Okay. So that that's okay. So >> what >> so do what you said like you you've already rearranged it. Yeah. Anyway, it's just a little messy because you know the the arms connected to the foot and that's
>> we're gonna use a machete. So it's >> now when you say something I mean Google Docs but like what in your mind is easier? >> We're right now is a bloody mess. >> No stress bloody
>> correct. So I will accept the deletion the movement of the non-necessary chapter >> the rearrangement let's say. >> Then we're down to I think 90 pages. >> All right. piece >> most a big hunk of it this 700 Gemini it looks like it's just talking about how
the surveys and what they've done in the past >> we'll take each chapter and I I'll split it up >> save it as a PDF and then reference >> we plug it back into a Word document and then we're just dealing with the meat of
it I plugged in the the um the Excel spreadsheet that we've already talked about in the previous meetings so that's updated that's in there. >> There was also a word document I think. >> I took it out of the word document, created a new table, plugged it into the
the Google doc, Word doc. >> So, >> and so the method you would use then, so you pick a chapter then, right? Say, okay, chapter two, we're going to work on chapter two. >> Um, what do you envision that process being?
Send it out. You said put a PDF, but then put it in Word. >> Yeah. And then are you sending word out to people and then getting it back? There is a there is a capability in word right where you can take multiple copies of the word of a word document I think
and merge them. >> Yes. >> Isn't I I haven't >> it's a black line but I I'm sure we can find it. >> Maybe we I can't remember if we talked about this or not but like once you do that let's say we get from 700 pages to 90 pages. Can we put it into AI and say,
you know, summarize this document in 20 pages? >> See what AI does. Have them take, you know, >> we still have to read the 90 pages and go back over and read the 20 because >> AI sometimes >> things you didn't you didn't it decides
that, you know, suddenly you need a waterfall at the park or something. >> It's pretty good. Um, yeah. I mean, if you want it, you can compare it, but my feeling is like even a 90page document, it's going to be I'm not sure how like
the rec committee is actually going to reference it, but if it's like down the >> bisexual summary, here's the rose bowl. >> Maybe. Yeah, maybe. >> But what we could use it for is to find inconsistencies. You could plug it in and say, >> tell me what's inconsistent. Oh, you said figure 3.7, but it's really 2.4.
You know, it's like >> that might it might pick up the table of contents, all that stuff because Word can automatically do that at the end. >> And if we just send out one document, everyone red lines it how they they
want, then we plug that into AI and have it just create a final. >> Yeah. >> Yeah. I think we're in a good place. >> And then uh so we're coming back to the mechanics of it again. So you got one chapter. It's in a word document and we're doing what
you're >> I will send an email. I'll do >> And so here it is. >> Here are the three chapters that that we're going to stick with, >> right? >> Everyone edit it as they see fit. We'll put a deadline when we want the edits, >> send them to me or or Denise, we'll take AI, we'll combine all of them, and then
we have our final document and call it a day. >> Yeah. >> Yeah. Problem is there's a lot of the mundane stuff that, >> you know, I know I just did. Once you do that, once we combine all the >> someone do a final edit early combine
like >> Yeah. >> Or maybe uh early adopter instead of just cleaning up the >> right >> the debris that's that's there first. I think we want to kind of get it
tidied up and then look at the been doing that. Yeah, I don't. [laughter] >> All right. >> So, are you going to try to go in like a surgeon once I I understand that everybody's on the same not put in that time to do it?
>> Quite a bit of time in Thank you. >> No problem. >> All right. So, as part of creating the the word for review, we we will done a bit of >> Yes. >> dusting and nooks and crannies and things like that. Okay.
And then would we then once we're all happy with it, we kick it back to the rec committee for them to like kind of do a one paper? >> Well, I think >> they already >> I think we all agree on chapters one through three, we probably should let them know that's what we're intending to
do >> so there it won't be a surprise. So that >> I understand doing this first, but that would be a a logical next step. I know the um um I think where I saw this, maybe it was an email or something
like that. The environmental committee wanted to take a look at it too at some point. So, and I don't know if they Well, this email was recent. They were like, and it was um it was from Rob. He was like, "Can we see the you know what's going on with the rec master
plan? Are we going to have a chance to look at it?" >> He wasn't set up like >> Maybe he thinks we're further. Maybe he thinks people might already edit it. >> This is a fairly >> Yeah. >> So, >> this is a major >> no problem.
>> When I get it, can I send it for a little picture? >> Okay. >> Well, I think you want to let him just give the heads up just what we're doing. Just say here and when you get when we get a copy that's all the ingredients in the right spots
and then Bill will copy him into >> Okay. Now, is he going to be able to read it and edit it and comment as well? If >> you email it to him in Word, he can track changes out. >> Okay. No, he's actually he's he's really
on top of things. He's got really good ideas >> and um he's very thoughtful about what he does. So, he would be an asset. >> Yeah. Okay. So the the key decision was a key one
was made here, but then the next phase is is you getting ready to release your >> find a way to take the PDF and slice it up to keep the old chapters >> student. [laughter] >> They don't have access to the PDFs
either. Um, okay. I'm sorry. >> Well, there. >> Okay. No visitor. Let's see. No, no board reviewers, no visitors. No public hearings.
>> So, really, we just have the executive session that's left. >> There's no one here. Can we just close? Oh, we're gone. Never mind. >> All right. Well, we'll shut down and and whoever need whoever wants to stay can stay. But go ahead. Anything before we
go into executive session? Is there anything? >> Yes. Resolution to read on the record. >> Just go to executive. >> So this would be the resolution you guys will be acting upon would be a motion to enter executive session adopt resolution.
Okay. So planning board for whereas NJSA 10 form4-12 the open public meetings act permits the exclusion of the public meeting in certain circumstances. And whereas is necessary for the planning board of the murders discuss in a
session not open to the public certain matters related to the item or items authorized by NJSA 1047 designated below. Now therefore be resolved by planning board of burnersville county as follows. Number one public shall be
excluded from the discussion of here and after specified subject matters. Number two, the general nature of the subject matters to be discussed are matters falling within the attorney privilege specifically pending litigation entitled first case death planning order of the
burough of Burnsville and Equity Properties LLC under document number S-L000000542-P5 and case number two guaranteed the Burough of Burnsville the planning board of the burrow of Burnsville Palmer Enterprises LLC and AR are LLC under
document number SOM-L-00001701-2 G5. Number three, it is anticipated that the deliberations conducted in close session may be disclosed to the public upon the determination in planning boardsville that the public interest will no longer be served by such confidentiality and therefore this
resolution cannot take back. So it's the resolution. Second. >> I need a motion. >> Motion to approve. >> Second. >> Roll voice. Voice vote. >> Roll call. >> Roll call. Roll call.
>> Um before we do that, is anybody nobody had any kind of problem these cases or any weren't excluded? Just make sure >> Miss Geller. Yes, >> Mr. Gillio. >> Yes, >> Mr. Brown. >> Yes, >> Mr. Malia. >> Yes, >> Mr. Moran.
>> Yes, >> Mr. Sato. >> Yes, >> Mr. Trainer. >> Yes, >> and Mr. >> Yes. >> The motion carries. Hold on while we >> turn down the streaming. >> Stop recording. Off the stream.
[clears throat]