Borough of Brielle, NJ
| March 10, 2009
March 10, 2009
|BRIELLE PLANNING BOARD
TUESDAY MARCH 10, 2009
The regular meeting of the Brielle Planning Board was held on Tuesday, March 10, 2009 at 7:30 pm in the Brielle Borough Hall, 601 Union Lane. After a moment of silent prayer and a salute to the flag, roll call was taken:
Present – Mayor Thomas B. Nicol, Councilman Frank A. Garruzzo, Thomas Condon, James Harman, Thomas Heavey, James Langenberger, Charles Sarnasi, James Stenson
Absent – Tim Sigler, Terre Vitale
Also present were Michael Rubino, Board Attorney and Karen S. Brisben, Recording Secretary. There were 2 people in the audience.
Chairman Condon then called the meeting to order and declared a quorum. He announced that, in compliance with the Open Public Records Act, notice of this Body’s meeting had been sent to the official newspapers of the Board fixing the time and place of all hearings.
Councilman Frank Garruzzo was then sworn in as a regular member through December 31, 2009 as he was absent for the January and February meetings.
The Minutes of the February 10, 2009 meeting were approved on a motion by Mr. Langenberger, seconded by Mr. Heavey and approved unanimously by voice vote, all aye with Councilman Garruzzo abstaining.
The Board all received a copy of a letter from Arcadis regarding South Monmouth Regional Sewerage Authority Treatment Works Approval for upgrading the Brielle Pump Station filed with NJDEP. Mr. Condon wanted to know if there was any action needed by the Board and it was explained that the notices to the DEP are always sent to the Planning Board but no action is necessary on the Board’s part.
The Borough Administrator, Mr. Nolan, has asked Mrs. Brisben to distribute a Mayors Fax Advisory Legislative Alert regarding Age Restricted Housing. There is discussion, at the State level, to allow age-restricted housing to be marketed without age restrictions. Mr. Nolan felt this may be of importance to the Planning Board as they had approved the townhouses at Hoffman’s Marina for age-restricted use. As more information becomes available, the Board will be advised.
The board had received a copy of a letter dated March 5, 2009 from Mr. Louis Felicetta, attorney for Michael Vesuvio, stating that the zoning application that the board was to hear this evening has been withdrawn; this is for Block 48.01, Lots 10 & 10.01, 314 ½ Fisk Avenue. They are now going to file for a Minor Subdivision for this location which will be heard at a later date.
The Board then turned to the consideration of approval of a Resolution for Final Minor Subdivision and Preliminary Major Subdivision for Block 25.01, Lots 6 & 7, 522, 528 & 528 ½ Longstreet Avenue, owned by Richard and Myra Strucek.
All Board members, as well as the applicant and their attorney, has received the draft copy and Mr. Rubino proceeded to summarize the Resolution for the board. This applicant originally appeared before the Board in January and then changed the application for a re-appearance in February which involved discussion over the possible Use Variance need. The applicant then modified the plan to avoid this variance by asking for a Preliminary and Final Minor Subdivision and a Preliminary Major Subdivision on the other lot, with 3 years to perfect the Major Subdivision. All the lots needed variances for lot width but are all oversized and the applicant presented evidence showing that the properties on the block across the street are mostly 50 foot lots as well as the lots nest to the proposed subdivision. There was an issue hardship as these lots back up to the wetlands which cannot be developed but these subdivisions will bring these properties more into conformity with the other surrounding lots so the Board can grant a variance for lot width.
The Board decided this will not have an adverse effect to the neighborhood and was told that all new homes to be constructed will be in full compliance with the Zoning Ordinance.
Mr. Langenberger made a motion to approve this Resolution, this seconded by Mr. Heavey. However, Mr. Strucek was in the audience and he just wanted clarification on the draft resolution. It speaks of 518 Longstreet as being part of this subdivision and this parcel is not, this is the address of this home. Mr. Rubino apologized for the error and said a revised Resolution will be made correcting this.
The following revised Resolution was then presented for approval:
“Whereas, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey has before it an application for Final Approval for Minor Subdivision and Preliminary Approval for Major Subdivision for property known as Block 26.01. Lots 6 & 7, and the Board having held a hearing on the matter on February 10, 2009 and at that time the Board having reviewed the plans that were prepared by Charles W. Gilligan, P.E., last reviewed January 28, 2009 and by George Edwards, P.L.S., last revised January 27, 2009 and the applicant having been represented by C. Keith Henderson, Esq., and the Board having listened to the testimony offered by the applicant on behalf of the application and its objectors; and
WHEREAS, the Board has jurisdiction of the matter as a result of the applicable Ordinances of the Borough, adopted pursuant to the Municipal Land Use Law, Chapter 291, Law of 1975, as amended and supplemented, and the Board having considered the matter at a public hearing as set forth above, and the Board having made the following findings of fact:
1. The property in question is located on the northeast side of Longstreet Avenue and is between Route 71 and Center Street. The applicant was previously before the Board in January 2009 seeking subdivision approval. The applicant filed a new set of plans and application and re-noticed for the February meeting. The Board, therefore, treated this application as a new application at the February 10, 2009 meeting. At that time, the applicant appeared before the Board and asked for two phases of approval. Phase 1 included subdividing the parcel into three (3) lots, one conforming and two (2) non-conforming. One of the lots would have contained the two (2) existing dwellings on lot 6. Phase II included subdividing the parcel into four (4) non-conforming lots by major subdivision. The grading plan for the four (4) lot subdivision shows proposed dwellings on 3 of the 4 proposed lots, the existing dwelling and lot 7 to remain. At the beginning of the hearing it was decided that by proceeding as proposed a Use Variance would be necessary because of the two existing structures on Lot 6. As a result of that, the applicant asked permission to revise its application to allow the applicant to create a Minor Subdivision of Lot 7 to subdivide off Lot 7.02 as shown on the aforementioned grading plan. Lot 7.02 will have 20,950.84 square feet, width of 60.63 feet, depth in excess of 307.9 feet and the existing house on it will meet the front, side and rear setback requirements.
2. The applicant at the same time also asked that Board to grant Preliminary Major Subdivision approval for existing lots 6 & 7 to create three additional lots. They will have width as follows: 65.51 feet (Lot 6.01), 62.5 feet (Lot 6.02), 62.5 feet (Lot 7.01) and 60.63 feet (Lot 7.02). The two house on Lot 6 will be removed prior to and before Final Major Subdivision approval.
As a result of the applicant amending its plans to procedurally create Lot 7.02 as part of the Minor Subdivision and create Lots 7.01, 6.02 and 6.01 as a part of a Preliminary Major Subdivision, no Use Variance is necessary.
3. Although all of the lots greatly exceed the lot area requirements they will have width deficiencies where 75 feet is required and the following are proposed: Lot 6.01 – 65.51 feet, Lot 6.02 – 62.5 feet, Lot 7.01 – 62.5 feet, Lot 7.02 – 60.63 feet.
4. At the hearing the applicant represented that all homes to be built on the new lots to be created will comply with all the setback requirements of the Brielle Ordinances, therefore, the Board did not make the applicant bring architectural plans showing houses to be built on the property. However, the Board does make a specific condition of this approval that all houses to be built will comply with the Borough Bulk Ordinance.
5. The Board is satisfied with the engineering aspects of the proposal from reviewing the letter of its engineer, Alan P. Hilla, P.E, P.P., C.M.E., dated February 3, 2009, subject to revisions to be made in accordance with that letter will satisfy the requirements of the Ordinance.
6. The Board is satisfied that the applicant has shown sufficient positive reasons under both the C1 and C2 Section of the Land Use Statue justifying the granting of the variances for lot width for all of the subject properties, and the Board finds the property suffers from hardship as there is uniqueness to it in that Bradley Avenue, which fronts the east side of the property, cannot be developed because of environmental problems and State Wetland problems that would restrict development of the property. The Board finds that if Bradley Avenue could be extended along the property line at least five, and maybe six lots could be developed on the site and that those lots would be conforming to the Zone requirements. The Board finds that the wetlands prevents the construction of Bradley Avenue and, therefore, creates a hardship on the property in that a street could not be constructed to the property. As a result, the existing conditions creates an under utilization of the property which creates a hardship. As a result, thereof, the property cannot be reasonably used without relief from a strict application of the Ordinance due to the existing conditions affecting the property.
7. In addition thereto, the Board finds that the application for variance relief for all the lots in question can also be justified under the C2 section of the Statue. The Board finds that creating four lots having a width of 62.5 feet is an efficient use of land and that the site is technically large enough to accommodate seven dwellings whereas four will be created. In addition thereto, the Board finds that the granting of the relief creating four lots that are oversized in the area that are closer to the density requirements of the Ordinances is more consistent with the Master Plan and Ordinance than three lots which would have conformed to the width requirements of the Zone.
8. The Board further finds that the granting of relief in question does not negatively impact on the area in question. The Board was shown the area map as part of the evidence presented by the applicant. The Board is satisfied that the overwhelming majority of lots on Longstreet Avenue are 50’x150’ so that the lot widths being created as noted above are, in fact, a much greater size than the lots in the area. In fact, the Board finds that Lots 5, 6, 7, 8, 9 &10 which the Longstreet Avenue are all 50 feet in width. Lots 11, 12, 13, 14 & 15 appear to be less than 60 feet in width. It is also noted that Lot 12 and 5, Block 25.01, the properties adjacent to the subject property, are 50 feet in width. The Board, therefore, is convinced that the granting of the relief will have no negative impact on the surrounding properties.
9. The Board further finds that the approval of the subject variances will not substantially impair the intent and purpose of the Master Plan and Zoning Ordinances of the Borough. The Board further finds that the proposed use is more consistent with the Zone Plan than the current conditions. The Board also finds that the master Plan allows certain flexibility on the part of the Board to consider the surrounding development in making a determination as to whether or not variances are allowed. The Board finds that the property in question is surrounded by 50 foot lots and that the granting of the relief requested, lots having between 60 feet in width and 65 feet in width will fit in the area in question.
10. The Board, therefore, finds that positive reasons exist for the granting of the relief and that the relief can be granted without a substantial detriment to the health, safety and general welfare of the general public. The Board finds that granting of the relief relates to a specific piece of property and that by bringing the property more in compliance with the density of the Master Plan and Ordinances, the purpose of the Land Use Act would be advanced and that the benefits of the deviation substantially outweigh any detriment caused by it.
11. The board further finds that the granting of the variances will result in the improvement of the site in a manner which is consistent with the intent of the Master Plan and Zoning Ordinance.
12. The Board finds that it can grant the relief for variance pursuant to Section 21-9.13. The Board finds that the Longstreet Avenue width of 44 feet as opposed to 50 feet required by Ordinance. The Board finds that this Ordinance is technical in nature and the relief can be granted as it would be impossible to widen the street at the section.
13. The Board finds that the variance relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the Zone Plan and Zoning Ordinance.
14. The Board finds that it can grant the following waivers:
a. Plans, profiles and cross sections of all proposed streets;
b. Drainage calculations showing existing and expected flows after development;
c. Environmental Impact Statement;
d. Traffic Report.
NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the Borough of Brielle, County of
Monmouth and State of New Jersey, does hereby grant Minor Subdivision Approval for creation of Lot 7.02, Block 25.01 and Preliminary Major Subdivision Approval for part of Lot 7 and Lot 6 to create lots known as 7.01, 6.02, 6.01, block 25.01, along with variances as here before set forth, however, that the Final Minor Subdivision and Preliminary Major Subdivision plan and the deed perfecting the Minor Subdivision shall not be signed until all of the following conditions are met and until the Board Engineer shall signify to the Board Secretary, in writing, that said conditions have been meet:
1. Payment of taxes and other applicable assessments, cost and fees to day including payment of all escrow fees.
2. Monmouth County Planning board Approval or receipt of communication indicating no interest in the subject application or passage of the appropriate time period pursuant to law.
3. The Applicant shall obtain Letter of Interpretation and general permits for wetlands disturbances from NJ Department of Environmental Protection.
4. The Applicant shall post the appropriate performance guarantees and inspection fees in an amount to be determine by the Board Engineer’s Office.
5. The Board shall comply with the letter of the Board Engineer Alan P. Hilla, Jr., PE, PP, CME, dated February 3, 2009, including but not limited to the following:
i. All existing and proposed water and sewer laterals shall be shown for each lot.
ii. The plans shall indicate the removal of the gravel driveway strips and the stone fireplace on existing Lot 7.
iii. The proposed lot numbers must be approved by the borough Tax Assessor.
iv. The applicant shall indicate which trees are to be removed from the property.
v. The applicant shall submit drainage calculations for the proposed perforated pipe recharge systems.
vi. The applicant must insure that the proposed grading on proposed Lot 6.01 does not direct any runoff onto Lot 6.
6. The applicant shall obtain any outside approval deemed necessary by the Board Engineer prior to the plans being executed by the Board Secretary.
7. The proposed lots and lot number shall be approved by the Borough Tax Assessor.
8. The Applicant shall revise both its Minor Subdivision Plans and Preliminary Major Subdivision Plans to be consistent with the approvals granted.
9. The map shall be revised to be consistent with the aforementioned letter of Mr. Hilla dated February 3, 2009 with respect to map filing.
BE IT FURTHER RESOLVED that as this application for development proceeds, the Land Use Office of the Borough may, upon the request of the applicant and with the written advice of the Board Engineer, grant such changes as are necessary with respect to the approved Final Minor Subdivision and Preliminary Major Subdivision and improvements related thereto that are not substantial and the Board does hereby authorize the lane use Officer with the advice of the Board Engineer to take such steps as are appropriate to protect the integrity of the Final Minor Subdivision and Preliminary major Subdivision approved being herein conditionally granted and to insure compliance with the Borough of Brielle Land Use and Development Ordinances. Any substantial deviation in the opinion of the Engineer and/or Land Use Officer shall require a revised final minor subdivision and/or preliminary major subdivision application and plan to be submitted to this Board for its review and approval. Any non-substantial and/or minor changes permitted shall be placed upon a revised Preliminary Plan with same being signed and dated by the applicant and the applicant’s Engineer, as well as the Board Engineer and Land Use Officer indicating the changes made with the original being filed with the Land Use Office and a copy filed with the Land Use Office and the Planning Board Secretary and the Borough/Board Engineer. It is to be understood that with respect to any minor changes and/or deviations approved by this procedure herein set forth that same not in any way extend any applicable time limits with respect to final Major Subdivision approval that may exist according to law.
BE IT FURTHER RESOLVED that prior to signature of the final plans, the Board Engineer and Board Planner shall have indicated approval in writing as to the form and content of any and all revisions subsequent to the hearing of March 11, 2009, and as may be required by this Resolution and/or Board Planner and/or Board Engineer and/or Land Use Officer.
BE IT FURTHER RESOLVED that pursuant to the request of the Soil Conservation District, it is hereby requested that the Land Use Office and the Building Department not issue any permits concerning this site for construction for tree removal or clearing action until there has been acquired a soil erosion and sedimentation control permit and/or approval and/or waiver.
BE IT FURTHER RESOLVED that in the event the conditions set forth in this conditional Preliminary Major Subdivision approval are not met by March 11, 2011, with the final plan having been executed by said date, then this application shall be listed on the Planning board Agenda for the meeting of the following month for dismissal without prejudice unless the applicant offers appropriate reasons for the delay of all of which may be considered in the discretion of the Board. It should be understood that this time limit of an administrative nature herein is not a representation of guarantee by the Planning Board as existing State law may affect same and it continues to be the applicant’s sole responsibility and obligation to comply with applicable law.
BE IT FURTHER RESOLVED that in accordance with the Municipal Land Use Law that the Minor Subdivision shall be perfected within 190 days from the date of this Resolution of approval, with the Minor Subdivision map having been executed by that date together with the conforming deed being recorded with the Monmouth County Clerk’s Office as required, it being understood that this time limit is set by the Municipal Land Use Law, as to the compliance with the terms of this Resolution and the filing of the deed or the map to perfect this subdivision, it shall be applicant’s obligation and responsibility to do so as it is applicant’s obligation to comply with said law. In the event that the applicants fails to do so, then upon notice to the applicant, the Board Secretary shall list this matter on the Planning Board agenda for dismissal without prejudice unless the applicant offers appropriate reason for the delay.
Further, this Board directs that the Land Use Office take whatever steps it may deem necessary to insure that restoration of this site to its original condition occurs of the developer is deemed by the Land Use Office to be in substantial non-compliance with the standards of performance and the conditions set forth in this Resolution of the Planning Board (and/or Borough Ordinances and/or requirements of the Borough Committee) by way of conditional preliminary concerning this subdivision and land and that steps also be taken as may be deemed necessary by the Borough Committee to place the responsibility of same financially and otherwise upon the applicant and the principals involved as well as his heirs, successors and assigns.
A motion to approve the above mentioned Resolution was made by Mr. Heavey, seconded by Mayor Nicol and approved by the following roll call vote:
Ayes: Mayor Thomas B. Nicol, Thomas Condon, James Harman, Thomas Heavey, James Langenberger, James Stenson
Note eligible to vote: Councilman Frank Garruzzo, Charles Sarnasi
As there was no other business to come before the Board, a motion to adjourn was made by councilman Garruzzo, seconded by Mr. Heavey and unanimously approved, all aye. The meeting was adjourned at 7:42 p.m.
KAREN S. BRISBEN, RECORDING SECRETARY