Borough of Brielle, NJ
| April 14, 2009
April 14, 2009
|BRIELLE PLANNING BOARD
TUESDAY, APRIL 14th, 2009
The Regular meeting of the Brielle Planning Board was held on Tuesday, April 14th, 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 Garruzzo, James
Langenberger, Tim Sigler, Terre Vitale
Absent – Thomas Condon, Thomas Heavey, James Harman, Charles Sarnasi,
Also present were Michael Rubino, Board Attorney and Sherri E. Hopkins, Recording Secretary. There were 13 people in the audience.
Mayor Thomas B. Nicol then called the meeting to order and declared a quorum. He announced that, in compliance with the Open Public Meetings 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.
Notice of Civil Action complaint: Twp. of Wall vs. Brielle Planning Board & Omnipoint Communications.
Approval of Resolution for Liam Boland Block 22.01, Lot 10, 110 South Street
Attorney Michael Rubino explained that on February 9th, 2009, there was a request for an extension which the Board granted. In March there was a mix-up between Board Secretary Karen Brisben & Board Attorney Michael Rubino who represented the applicant but could not do the extension. Karen thought a letter would be sufficient to the Board in that the matter was extended but you need a resolution to confirm the action of the Board. A resolution was prepared but the extension date read February 10th and the sixty days would already be gone four days ago. The date should read today’s date April 14th. No board member had a problem with the date. The Resolution was read by Board Attorney Michael Rubino.
RESOLUTION OF BRIELLEAPPROVAL OF THE PLANNING BOARD OF THE TOWNSHIP OF WALL, COUNTY OF MONMOUTH, STATE OF NEW JERSEY FOR EXTENSION OF MINOR SUBDIVISION APPROVAL
WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth, State of New Jersey, has before it an application for an Second Extension of Minor Subdivision approval with variances for Liam Boland for premises known as Block 22.01, Lot 1, said property being located at 110 South Street, in the Borough, and the Board previously granting minor subdivision approval to the Applicant on May 13, 2008, and the Applicant not having perfected the subdivision within the statutory 190 day period and the Applicant asking for an Extension of Minor Subdivision Approval by way of resolution dated November 11, 2008, and the applicant not having perfected the minor subdivision within the 60 day extension period, , and the Board having held an open hearing on the matter on February 10, 2009;
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 following findings of facts:
1. This matter was before the Board on May 13, 2008, and at that time the Board granted the Applicant Minor Subdivision approval. The Resolution of Approval was adopted by the Board on May 13. 2008. The applicant was then granted an extension of 60 days by way of Resolution of Approval adopted on November 11, 2008.
2. It appears that the Applicant has acted diligently in attempting to perfect said subdivision approval but was unable to obtain the necessary approvals within the 190 day period. The statutory time limit of 190 days has expired.
3. On November 11, 2008, an extension of time was requested and approved for 60 days.
3. At the hearing on February 10, 2009, the Applicant represented that all conditions of the Resolution of Approval will be satisfied within the statutory extension time period. The Board, therefore, decided to grant an extension of time of 60 days from the date of this Resolution, pursuant to N.J.S.A. 40:55D-47(g), to the Applicant, provided that all of the previous conditions of the Resolution of Approval are met by the Applicant.
WHEREFORE, the Planning Board of the Borough of Brielle, County of Monmouth, State of New Jersey, does hereby resolve to grant an Extension of 60 days from the date hereof to Liam Boland to perfect the Minor Subdivision for premises known as Block 22.01, Lot 1, said premises being located at 10 South Street, in the Borough, provided however that the minor subdivision plots/deeds shall not be signed until the following conditions are met:
1. Payment of fees, taxes, escrows and costs to date.
2. The Applicant shall satisfy all of the previous conditions of the Resolution of Approval dated May 13, 2008.
3. The extension shall run from April 14, 2009.
VOTE ON APPLICATION
VOTING IN THE AFFIRMATIVE:
VOTING IN THE NEGATIVE:
INELIGIBLE TO VOTE:
I, Karen S. Brisben, Recording Secretary of the Borough of Brielle Planning Board, do hereby certify the foregoing to be a true copy of the Resolution that was adopted by the Board on April 14, 2009.
KAREN S. BRISBEN
A motion to approve the above amended Resolution was made by Mayor Thomas Nicol, seconded by Tim Sigler and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, James Langenberger, Tim Sigler
Not eligible to Vote: Councilman Frank Garruzzo, Terre Vitale
Application for Change of Use for Block 17.01, Lot 9, 501 Union Avenue, owned by R.D. Brkal, LLC, change from Real Estate office to Ice Cream Shop. Variance required.
Attorney Michael D. Landis appearing on behalf of his clients the applicants spoke. He will call three witnesses James Cali, prospective operator, Charles Gilligan Engineer & Robert Brkal. James Cali was sworn in. Attorney Mike Landis and asked if
Cali was asked by Landis to describe what type of business he would chose to operate. Cali plans to operate an ice cream store with a family theme, chalkboards & TVs, soft & hard ice cream with no food preparations. No cooking. Open from Mon to thurs 10 -10. Employees shift schedule a maximum of 5 people. Majority of the employees will not be drivers. Employeses 13- 17 few drivers