Planning board grants site-plan waiver for flood gates at Minebrook property in Bernardsville

The Bernardsville Planning Board voted unanimously to grant a site-plan waiver to Minebrook 2006 LLC on a plan to install two float-operated flood gates at exterior stair openings of a downtown property.

Attorney Craig Jetti introduced the application on behalf of the applicant and described the filing as a site-plan waiver sought after a zoning permit was denied. ‘‘This is an application for site plan waiver,’’ he said during the board meeting. The board opened the matter for testimony and technical review.

Architect Charles Molette, accepted by the board as an expert, told members the gates are passive, non-electronic barriers about two feet high that rise as floodwaters deepen. "They are activated by water by flooding…they start to float up," Molette said, explaining the units lift on hinges like a pontoon and are intended for heavy flooding events rather than routine rain.

Board members raised technical questions about where residual water would drain, whether the drain would tie into the adjacent storm sewer, and whether a backflow-prevention device would be required. Members noted that during major storms the borough’s storm sewers can be overwhelmed, which affects how residual drainage performs and whether a direct pipe connection could push water back into the property.

The board asked the applicant to provide clearer plan detail, including blow-ups showing stairway dimensions and the gate in the closed position, and to confirm ADA clearance in closed and open configurations. The board also discussed relocating the stairs slightly within the existing footprint so the gate fits flush with the sidewalk and does not intrude on pedestrian access.

Approval was made under the ordinance exemption for routine maintenance/replacement (the board referenced the B2/9-4.2 provision in the site-plan code) and was explicit that the waiver is subject to the remaining technical conditions in the board engineer’s February 12, 2025 review letter, any required outside-agency approvals and any necessary road-opening permits. The motion passed on a roll-call vote with all members recorded as voting in favor.

The board’s approval requires the applicant to resolve the engineering questions about drainage routing and backflow prevention and to supply any additional plan detail requested by the borough engineer before final field work and permits proceed. The board closed the agenda item after recording the motion and the vote.

Next steps: the applicant must satisfy the technical conditions and obtain the outside approvals noted in the board engineer’s report before implementation.