e e e e e we're going live good evening everyone I would like to what would I like to do call to order the Bernard's Township planning board meeting for June 4th 2024 and we always start the meeting with a salute to the flag so Tyler would you please Le the effort I Al to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all thank you Tyler okay next item on the agenda is the open public meeting statement which I shall read and ordance with the requirements of the open public meetings law of 1975 notice of this meeting of the planning board of the township of Bernards was posted on the bulletin board in the reception hall of the municipal building call your lane Basking Ridge New Jersey was sent to the Burnville News whiy New Jersey to The Courier News in Bridgewater New Jersey on February 7th 2024 and was electronically mailed to all those people who have requested individual notice the following procedure has been adopted by the burs 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 p.m. thank you Miss kefir roll call please certainly chairman Dean I'm here Mr Crane Mr Crane is participating via telephone any administrative matters but not any connected to an application for development yes thank you Mr Joel so we have um Mr Crane on the on Miss Mr Angelo's phone right here thank you Mr yoro here Mr lensi here miss Mand here miss Master Angelo here Mr Seville here Mr Rino here Miss Smith here Mr drill here uh Mr SCH here and for the record was present uh chairman Mr kuzo and uh committee MCN are unable to attend and they notified me uh earlier in the week there they would not be attending this evening okay can we have a motion to excuse Mr MCN and Mr coo I like that motion and I'll second that all in favor I opposed abstained thank you okay our next item on the agenda is the approval of the minutes for the April 16 2024 regular session does anyone have any comments with regards to the minutes for April 16 I see no comments can I have a motion to approve the minutes for April 16 2024 regular session please I'll make a motion can I have a second second second uh M kefir can we have a roll call please certainly um Mr Crane he he said yes okay Mr riorio yes Mr linski yes uh Miss manduk yes Miss mangelo well I was not here for part of the minut you obain yeah okay um mril yes uh Mr Rabino yes Miss Smith yes chairman de yes thank you okay next item is the approval of minutes for May 7 2024 regular session does anyone on the board have any comments regarding the minutes for May 7th no I see no comments can I have a motion to approve the minutes for May 7th 2024 I'll make the motion Tyler can a second a second Ed Ed Mr Rabino Miss kefir roll call please certainly Mr linski yes M manduk yes Mr sville yes Mr R yes Miss Smith yes and chairman deeran yes thank you okay next item on the agenda is uh mod modification of condition uh that would be an extension of time for uh Fenwick Basking Ridge HOA 7702 lots 10.02 and 10.04 address 10 number 10 and number 7 Fen place this is uh application pb1 17-8 C and I see the applicants representative is at the Podi yes yes good evening introduce yourself please uh good evening Mr chairman board members uh board professionals members of the public my name is Michael silbert I'm an attorney at d franccesco baitman located in Warren Township New Jersey I'm here on behalf of Fenwick Basking Ridge Homeowners Association Inc in connection with an application to modify a previously imposed condition so as to seek an extension concerning the issuance of a of a certificate of occupancy for the property uh located at block 7702 lots 10.02 and 10.04 um refer to this development as Fenwick place the board granted final subdivision approval for Fenwick Place allowing the recording of a Subdivision plat to create um this development uh and it was memorialized in a resolution adopted on January 16th 2018 this approval was subject to conditions the condition that uh the reason why we're here today is with respect to condition number seven I'm just going to read the condition out loud the applicant shall apply for and obtain construction permits for each of the five New Lots by January 16 2023 which which is within 5 Years From the date of the resolution with which this was adopted if during said 5-year period the applicant fails to obtain any and all construction permits that within approvals shall automatically expire and become null and void the applicant shall also have 18 months from the date of issuance for the first construction permit for each lot to commence and complete construction of a house on each lot and obtain a permanent certificate of occupancy for the house on each lot so three of the five houses have already obtained these certificates of occupancies there are two homes uh that that remain for which a certificate of occupancy has not been procured that is uh Fenwick Place house number seven which is located on lot 10.04 Fenwick Place uh house number 10 located on lot 10.02 um just so the record's clear um the construction permits for 10 I'm sorry for S Fenwick place was issued on September 7th 2021 that expired on March 7th 2023 for 10 Fenwick place the construction permits were issued on February 28th 2022 and expired April 28 2024 you say expired uh the condition meaning the 18mon requirement yes that yes thank you very much Mr drill that's absolutely correct the um the period for which a CO must be issued um so the to to uh keep things um very clear um my application letter uh may have been unclear so the applicant is seeking uh an extension until December 31st 2024 to secure a CO for both properties um my understanding is that there was a board member that did visit the property perhaps the board is very much so familiar these are very large Custom Homes um the applicant would like for me to represent that they are moving forward in a very diligent manner to complete the homes again three of the five have already been completed these homes are constructed during uh Co and and uh you know there there were supply chain issues and just the impacts related with building large Custom Homes have is is essentially necessitating this request why I'm here this evening um so that's the application so um you're requesting the extension to December 21st is that December 31st the end of the year for both homes it's easier that's Mr SCH but I called Mr SCH today to say look you know they Co dates with different dates they want each one extended a different amount of time what would be easiest for the engineering department and so I want you repeat to the board what you told me well December 31st would be pretty easy keep it end of the year don't worry about okay that sounds like does anyone have any comments regarding that any issues I I would just ask whether or not you're sure that that's enough time um so if the board would Grant more time to prevent us from having to return that would certainly be my um that would be my request if it's possible um I thought December 31st was was just clean at the end of the year but if it I don't know if you want to set a precedent by right giving more than that also to keep the pressure on to get the thing done probably better this is more time technically a little bit more time than he asked in the letter sure so depending on the lot so one of them one of them this is more and one of them this is less okay I mean it's not like it's a you know having been to the culdesac and and the Lots themselves I mean it's not like they are vacant Lots you know these are homes that are almost done it' be probably helpful if I add if anyone's been to the culdesac there most of the homes well all of the homes are I don't want to say completed as terms in terms of exterior improvements there there's Landscaping improvements that need to be added to two of the five lots and there are yes construction continues outside but to the to the naked eye if You' look at it it would look like the homes are completed from the outside most of the improvements that are required are still uh interior improvements so if you were to visit have all the Lots been sold yes so you have people that are waiting to move into these two houses that's absolutely correct there is certainly uh an incentive to to get the cosos as soon as possible I think that um with with two of the five houses many of the changes are again interior changes that are that are causing delays again if you were to go to the culdesac the homes look largely completed three of the five already have people moved in and living there but they're sold they're all sold yes okay are there any other comments from the board so uh it sounds like um we want to keep the December 31 okay date and um if there are no other comments from the board I will ask for does this requ a motion yes sure does I'll make motion to Grant the extension to December 31st 2024 the that's M mangelo right yes thank you can I have a second motion second M yes Mr linski yes M Mand yes M Master Angelo yes Mr yes Mr Rina yes M Smith yes chairman yes thank you very much thank you and Mr SCH I'm going to email you um the dates just for the for for your uh own edification you have them okay thank you okay next item on the agenda is the U modification of condition um extension of time um the applicant is uh William and Carol moer block 11 11401 yeah lot 11.01 address 313 Martinville road which is the existing home uh and block 1141 lot 11 .02 7 Mountain Road which is the vacant lot and um they are both formerly known as block 11401 lot 11 at address of 11 Mountain Road planning board application number pb22 D 001a and at the podium we have Mr moer is that correct that's correct yes hello Mr Mo how are you doing great great okay yes I'm basically here at asking for extension for further 18 months uh we were late starting and with Co and everything hit us okay understand exactly what are you what are you looking for because there's your letter says you're requesting an extension to obtain a construction permit and an 18-month extension from the date of the construction permit to get the C up so the condition at issue in your approval is condition number 20 correct condition number 20 yes okay what condition number 20 said was you had until June 7 2024 to get the construction permit and then you had 12 months to get a CEO so I understand instead of the 12 months you'd like 18 months to get a CO like the last applicant just got eight had 18 months in their resolution correct correct yes so what what extension do you want to get the construction permit you don't want I assume you want a year from since the date is now June 7 2024 I assume you want another year June 7 2025 to get the construction permit yes that would be great so that's what he wants now you can explain to the board what's happening and why you need it yeah well it was late start start start to do anything due to the covid uh uh trying to we were late putting it on the market to sell it and Co came and all this other crazy stuff you going to build the house house then sell or you trying to sell then build then have them build the house I decided to sell the land okay I decided to sell the land yes and let somebody else do it okay so what you want to be able to do is have an approval in place when you go to sell the land to say yes there's an approval you have until June 7th to pull construction permits for it and then you have 18 months to build it right okay wa just just for um sorry the record so um construction permit one year from from June 7 2024 correct and then is it an additional then instead of the resolution unlike Fenwick which gave 18 months from the first permit to get a COO his resolution gave 12 months okay he'd like the same 18 months that F had so he'd like a one-year extension to June June 7 2025 to pull this Construction perit and then he wants once the construction permit is pulled 18 months to get a CF 18 more months so that would be 18 months after the construction permit right so that would be it's not a date in other words it's not a date oh right I see yes okay but is he selling the land he wants to sell the land and then with these perms attached correct because right because if he doesn't right if he doesn't go the value okay excellent so I understand right does anyone on the board are there any questions from the board I see no questions regarding the request for the extension therefore I will ask for a motion to extend the the date by which he can pull a construction permit to June 7 20125 and 18 was it 18 months from 18 months from the time from the from the issuance of the construction permit to obtain the C very good first thank you and I'll say so I thought you were asking I'm asking for the motion you're okay thank you can I have a second Tyler second Tyler thank you okay can we have a roll call yes sori yes Miss Mand yes Miss Master Angela Mr sevil yes Mr Rino yes Miss Smith yes chairman deers yes thank you thank you Mr moer now I now I can run thank you thank you have a good evening okay next item on the agenda is the ordinance referral and in order to present the the ordinance referral I believe we were relying on the expertise of our new planner is there is there a memo from the new planner there is that was circulated on May 15th and also with the agenda do you have it you want a copy yeah I think you have a copy I think you should bring a couple up it was in what you sent today what you is this ordinance 2553 this is yes 2551 this is the drainage so let me ask a question um my understanding is Miss mcmanis was to be present yes to present yes however um she is not present to present why is that therefore if you'd like me to run shall we proceed if you'd like me to through her Memo I can do that that would be great because this is an administra matter yes technically just she doesn't have if you wanted her here you know she could be here but she doesn't have to be here that's fine you can rely on the memo and you can ask Mr schide to do a summary because remember this is I believe this is the state mandated storm water management ordinance and the issue for the planning board is ordinance consistent with the master plan not inconsistent with the master plan or inconsistent with the master plan correct those are the three choices correct so it's to some of the newer board members do we need to explain a little further as far you know what that would be a good idea so under the municipal land law there's a couple instances where the governing body is required to refer an ordinance to the planning board for review so it's njsa 4055 d-26 and under 26a it says prior to the adoption of a development regulation and the storm water man coordinance in my opinion is a development regulation the plan board shall make and transmit to the well first the governing body has to refer to the and then the planning board shall make and transmit to the governing body within 35 days after the referral a report including identification of any provisions in the proposed development ordinance which are inconsistent with the master plan and recommendations concerning those inconsistencies or any other matter that the board deems appropriate so the key is if the board actually finds that there's some inconsistencies they have to explain that and if that happens the governing body then cannot adopt that ordinance unless they adopt it with a statement explaining why they're adopting it despite the inconsistencies so that's why the what I always say is sometimes an ordinance you can't say it's consistent because what if the master plan didn't contemplate a particular ordinance you couldn't say it's consistent but if there's you could say it's not inconsistent or sometimes an ordinance will be inconsistent so that's that's why you have three choices consistent not inconsistent or inconsistent and if it's inconsistent then you have to explain the inconsistencies and then I under either of those three choices you can make any recommendations on any issues that you de appropriate but you don't have to but what you have to do is make the consistency not inconsistent or inconsistent determination okay thank you for that explanation Mr drill you're quite welcome I enjoy giv those sorts of explanation you should be an attorney Mr slly if you wouldn't mind sure can you I'm referring to Elizabeth mcmanus' May 15 2024 uh report on ordinance 2551 uh um on the first page she basic summarizes the ordinance essentially what this is and and we've seen plenty in in the last several years njde is requiring municipalities to adopt their requirements in order for the municipalities to maintain their uh storm waterer discharge permits issued by DP so this is a lot of uh technical engineering uh amendments to our pretty technical drainage ordinance uh that are essentially mandated by D um moving to page two of M mcmanus' memo under master plan consistency she states the ordinance is not inconsistent with the township 2010 master plan or the 23 2023 she says re-examination report I believe she means to say master plan there as well and she goes on to site uh several well she goes on to say uh it's not inconsistent with the master plan in fact there are sections that are supportive of the proposed amendments uh sections of the master plan are that support the proposed amendments to the ordinance and she cites several of those uh the first one being from the 2023 master plan on page 207 which states all new development projects in the township must comply with njde storm waterer regulations best management practices and Township's or Township ordinances to further further improve the quality and control and control the quantity of storm waterer runoff uh including a burner's Township ordinance that requires storm order recharge for new impervious coverage exceeding 1,000 square feet uh and then the report goes on to site some goals and several objectives in the master plan that also uh support the ordinance and and actually show that the or the uh ordinance is consistent with the master plan in my opinion um and in the recommendation section on page three uh make that recommendation section wor the word yeah it says the applicability section of the ordinance page one should be revised to base the applicability of the particular storm water management requirements on submission of a complete application rather than submission of an application this change will ensure consistency with section 21- 6.12 complete applications which states the time period for Action is triggered based on a complete application as well as njsa 4055 d-105 in the municipal land use law which is the time of application Rule and States development regulations applicable to a project are those in place at the time a complete application is submitted uh and go and in parenthesis note that it is not at the time the application is deemed complete in other words if an application submits if an applicant submits an application in day one it's fully complete even though it wasn't deemed complete by the board the clock starts from there and ordinance is in effect on that day of submission would apply if the if the application was deficient and was deemed incomplete and didn't become complete for another year they'd be subject to all the uh ordinance changes that happened in that year since the submission me an e so that um it would be recommended that that uh recommendation be included in the board's report to the township committee okay um I'm aware of one other uh at least one um I think just one uh that board member crane pointed out a typo uh which is on well the page numbering is is pretty messed up in this ordinance but it's the page uh in the ordinance is Page 8 of 33 but it actually occurs much later than the eighth page in the document it's in Table Six uh the title of that table is future precipitation change factors uh one of the column headings it says 10year design storm and it should say 100-year design storm uh and I'd suggest that that be pointed out to the committee in the in the board's report well I'm sorry what does it currently say it current currently says 10year design storm which is a repeat of the column preceding it it should be 100 yes okay uh Mr Crane are you still on on the line there I am I guess I have another E you do and thank you for that I I have one comment on the I asked the planner to revise the memo she refer refers to it as a reexamination plan it's really we have a final master plan I think should reference the 2023 master plan okay where is that in her Memo the M doesn't have to be revised I think that Dave SCH noted that this just this memo was just a report on it for the benefit of the okay so my question is we have this recommendation and we have a few typos that need to be addressed how right well yes the 10 year to 100 year right but there's but also the page numbers are apparently either way my point is how do we convey these recommendations to the governing body is that something that David does the written report be to be in a letter form or form from Cindy secretary to the Township Clerk it's going to say that the planning board okay reviewed ordinance 2551 okay on June 4th and a motion was made seconded and okay so so fill in the blank and they had two recommendations understood I just want to understand how these recommendations how this report or recommendations are conveyed to the governing body so Cindy you will prepare this report motion right I'm just trying to understand the work okay that was my question okay com thank you okay uh I'm sorry David are you are you have you finished that was yes summ finished with that do you have any questions plan oh yeah no definitely yes okay uh any other comments or questions from the board regarding this ordinance referral or referral number 2551 U master plan consistency and recommendations dated the memo from uh Ms mcmanis is dated May 15 2024 any comments I see no comments no questions I will ask for a motion to deem this um ordinance referral as not inconsistent with the master plan would anyone like to make a motion as well as to include the recommendations that we discussed Mr Cil um so in addition to the motion to deem this ordinance referral as not inconsistent with the master plan U we will also include the recommendations from M mcmanis and address the uh typographical error on page 8 of 30 where the incorrect typo is referencing the 10year storm when in actual reality it is a 100-year storm can I have a motion I'll make the motion thank you Mr Seville can I have a second call second we have a second Mr linski can I have a roll call please miss kefir Mr Crane yes Mr ororo yes Mr linski yes M Mand yes M Master Angelo yes Mr sevil yes Mr REO yes M Smith yes chairman Demers yes thank you okay so at this point in the meeting we are going to throw an audible and what that means is we have an item that is not on the agenda um but it's a closed session at my recommendation so it didn't have to be on the agenda and it's remember I don't know how many months ago I said I wanted to give the Cent legal advice about this diamond chip realy versus spart planning board and about an article I had written it's only 8 o00 the evening is Young And I want to take advantage of the situation and suggest that someone make a motion to go into Clos session so I can give this legal advice for confidentiality is required for me to exercise my ethical duties as an attorney I couldn't say no concession in close session make motion okay do we want to do a roll call or or Voice vote roll absolutely okay um Mr Crane yes okay Mr iorio yes Mr linski yes M Mandu yes Miss Master Angelo yes Mr sevil yes Mr Rabino yes Miss Smith yes chairman deeran yes thank you okay we should now go into close session Mr SCH when you please e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e we got a motion okay okay I would like to have a motion to close the closed session and open the regular session for the June 7th 20 is it getting ahead of myself here uh June 4 2024 burnard Township planning board meeting uh motion please someone I will make that motion M mangelo second by Miss Smith can we have a roll call Miss kefir Please Mr Crane yes Mr gorio yes Mr linski yes Miss Mandu yes M Master Angelo yes Mr Seville yes Mr Rino yes Miss Smith yes chairman Demian yes okay now that we have completed our time travel we shall look at the next item on the agenda well there are no other items on the agenda actually actually before all right comments from members and I do have one comment myself regarding the reminder um there's a an affordable housing presentation on Monday June 10th and if I can get my flyer here I will tell you where so the township is um sponsoring an affordable housing uh presentation that will be uh presented by Kendra lelay who is our new planning board planner uh she's with the firm Kyle and mcmanis Associates and that is on Monday June 10th at the municipal building at 7 o'clock so 7 o'clock Monday June 10th at one colure lane there will be an affordable housing presentation sponsored by the township for anyone that would like to attend yeah chairman um I just want the board to know that I did post notice in the newspaper so that you know that if we do have a quarum of people there if all of you want to go that's fine so it's already this and this is open to the public right for the to the might be you're able in the audience no it's a I think it's in here will be here in the um Municipal Building Municipal Building here what is this room yes refer to this is a Warren craft meeting room yes a Warren craft meeting room anyone know who Warren craft is he is Mrs Craft's husband may maybe okay to be recorded yes it is my understanding yes it is going to be recorded is it excellent thank you Mr and because of that you can lead the planning board in the salute to the flag at the next meeting are there any other comments from the board and then I will ask for comments from the public I have a comment Mr linski comment a question um I received in uh the mail from Cynthia uh document on ordinance 2553 who do I talk to about comments on that this is the tree landscaping and that that's the ordinance the tree replacement ordinance that's going to be we have that on the uh the agenda for the next meeting for a referral back to the committee yes like okay another state mandated ordinance okay so the ne go ahead John Crane Tom TCO should be a person he talks to Tom Tom engineer okay so just an announcement pending business uh the next meeting is June 18th 2024 and there uh will be um on the agenda the landscape committee for Fellowship Village and the ordinance referral 2553 which we just discussed Tre removal any other comments from the board I see no other comments from from the board comments from staff Mr SCH no comments at this time I would ask for a motion to end the No No at this time I would ask for a motion to adjourn the meeting so moved Mr Seville second second from Mr linski all those in favor I I