NOTICE OF PUBLIC HEARING BOROUGH OF BAY HEAD PLANNING BOARD WHISPERING WOODS SETTLEMENT HEARING

NOTICE OF PUBLIC HEARING BOROUGH OF BAY HEAD PLANNING BOARD WHISPERING WOODS SETTLEMENT HEARING PLEASE TAKE NOTICE that the Borough of Bay Head Planning Board will hold a public hearing on Wednesday, July 15, 2026, at 6:30 p.m., at Borough Hall, 83 Bridge Avenue, Bay Head, New Jersey 08742, to consider, take public comment on, and act upon a proposed settlement agreement pursuant to the procedure described in Whispering Woods at Bamm Hollow, Inc. v. Middletown Township Planning Board, 220 N.J. Super. 161 (Law Div. 1987). The proposed settlement concerns litigation captioned Donald F. Burke Jr. v. Borough of Bay Head and Bay Head Planning Board, originally filed in the Superior Court of New Jersey, Law Division, Ocean County, Docket No. OCN-L-2741-22, and thereafter removed to the United States District Court for the District of New Jersey, Civil Action No. 3:22-cv-07569. The proposed litigation settlement concerns property located on Warren Place, also known as 174 Twilight Road, Borough of Bay Head, Ocean County, New Jersey, and designated on the Borough Tax Map as Block 3, Lot 13, and concerns paving on Warren Place, which was the subject of Bay Head Planning Board Resolution No. 2019-12, adopted December 16, 2020. The purpose of the hearing is to permit the Planning Board, after public notice and public hearing, to consider whether to approve the proposed settlement. Material terms of the proposed settlement include, without limitation, the following: 1. The Borough of Bay Head and the Bay Head Planning Board shall take any and all action necessary to expand the paved portion of Warren Place from Osborne Avenue to the southernmost portion of the frontage of Block 3, Lot 13 by adding ten feet of asphalt pavement. 2. The settlement is subject to approval by the Governing Body of the Borough of Bay Head and approval by the Bay Head Planning Board through the Whispering Woods public-hearing process. 3. The Borough of Bay Head and the Bay Head Planning Board shall be solely responsible, at their sole cost and expense and without any involvement required by plaintiff, for obtaining any permits, approvals, inspections, engineering, municipal authorizations, contractor services, public bidding or procurement compliance, and all other actions necessary to complete the paving. 4. Plaintiff shall not be required to apply for permits, pay any costs, retain any professionals, execute construction documents, obtain approvals, or take any other action as a condition of defendants' performance. 5. The paving shall be completed by December 31, 2026. "Completed" means that the additional ten feet of asphalt pavement has been installed from Osborne Avenue to the southernmost portion of the frontage of Block 3, Lot 13 and is open and usable for its intended purpose. 6. Upon completion of the paving to Warren Place, and in no event later than December 31, 2026, defendants shall pay attorney's fees to Donald F. Burke, Esq. in the amount of $18,000. 7. The settlement includes breach, enforcement, release, dismissal, and court-retention-of-jurisdiction provisions. At the public hearing, all interested persons shall have an opportunity to appear and present comments, questions, objections, testimony, evidence, or argument concerning the proposed settlement. The Planning Board may take formal action at the conclusion of the hearing. Copies of the proposed settlement agreement and any other documents to be considered or relied upon by the Planning Board in connection with the proposed settlement are on file and available for public inspection Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m. in the office of the Planning Board Secretary, located in the Municipal Building, 83 Bridge Avenue, Bay Head, New Jersey 08742. s/ Donald F. Burke, Esq. Attorney for Donald F. Burke Jr. July 2 2026 LNYS0548290 $65.12