Borough of Brielle, NJ
| May 11, 2010
May 11, 2010
|BRIELLE PLANNING BOARD
TUESDAY, MAY 11th, 2010
The Regular meeting of the Brielle Planning Board was held on Tuesday, May 11th, 2010, 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 – Councilman Frank Garruzzo, Thomas Condon, James Harman, Thomas Heavey, James Langenberger, Charles Sarnasi
Absent – Mayor Thomas B. Nicol, Jim Stenson, Tim Sigler, Terre Vitale
Michael Rubino, Board Attorney & Alan Hilla, Board Engineer were not present. Sherri E. Hopkins recorded the minutes. There was no one in the audience.
Chairman Condon 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.
The Minutes of the April 13th, 2010 meeting were approved on a motion by Mr. Garruzzo, seconded by Mr. Harman and approved by voice vote, all aye.
The Correspondence was read. Mr. Condon asked for a copy of the Booklet “New Residential Development 2009”.
The Board then turned to the Approval of Resolution for Variance for Block 43.01, Lot 4, 620 Cedarcrest Avenue, owned by Alison & Arthur Fischer (being filed by Douglas R. Fisher) to allow a demolition of current structure and subdivision of land to create two lots.
All Board members, as well as the applicants and their attorney, had received the draft Resolution. As there were no changes recommended, the following was presented for approval.
RESOLUTION OF APPROVAL FOR THE
BOROUGH OF BRIELLE PLANNING BOARD
FOR MINOR SUBDIVISION
FOR DOUGLAS R. FISCHER
620 CEDARCREST AVENUE, BLOCK 43.01, LOT 4
WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey has before it an application for Minor Subdivision with no Variances for premises known as 620 Cedarcrest Avenue, Block 43.01, Lot 4, lying in the R-4 Zone said application being filed by Douglas R. Fischer and a minor subdivision plan and survey consisting of one (1) sheet having been prepared by Paul K. Lynch, LS, dated January 26, 2010, having been submitted by the Board and the applicant having been represented by C. Keith Henderson, Esq., and the applicant having appeared before the Board on April 13, 2010, and the Board at that time having held an open public hearing on the matter, and at that time the Board having listened to the testimony offered by the applicant on behalf of the applicant and presentations of its professionals and the comments and objections of the neighbors; 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, Lot 4 in Block 43.01, is located on the south side of Cedarcrest Drive and lies within the Borough’s R-4 Single Family Residential Zone. The lot which is approximately 100 x 120 feet is irregularly shaped and currently contains a one story dwelling and a gravel asphalt driveway.
2. The applicant proposes to take down the existing structures on the premises and subdivide the property into two dimensionally conforming lots. The lots will conform with the requirements of the R-4 Zone. The applicant is not proposing any dwellings on the proposed lots at this time. The following are the dimensions of proposed Lots 4.01 and 4.02.
R-4 Single Family Residential Zone
Required Provided Provided
Lot 4.01 Lot 4.02
Min. Lot Area (s.f.) 5,000 5836.6 6962.8
Min. Lot Width (ft.) 50 50 50
Min. Lot Depth (ft) 100 116.35 116.65
Min. Prin. Front Yard (ft) 25 25 25
Min. Prin. Side Yard (ft) 8 8 8
Min. Prin. Rear Yard 25 25 25
Min. Acce. Side Yard (ft.) 5 5 5
Min. Acce. Rear Yard (ft.) 5 5 5
Max. Lot Coverage (%) 20 20 20
Max. Height (ft./sty.) 35/2.5 35/2.5 35/2.5
3. The Board finds that both proposed lot 4.01 and 4.02 meet or exceed the Zone Requirements for lot area, lot width, lot depth and provide adequate room for front yard setback, side yard setback, rear yard setback, lot coverage and maximum height, so that homes can be built on each of the lots without the necessity of further variance relief.
4. During the course of the hearing, it was determined that waivers are needed for the following:
(a) The locations of water and sewer mains and services as appropriate;
(b) Location and widths of all streets within 500’ of the tract;
(c) Topography within 200’ of the tract; and
(d) Storm drainage features within 500’ of the tract.
The Board finds that on the advice of its Engineer that the said waivers are appropriate and can be granted by the Board.
WHEREFORE 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 to create a subdivision of Lot 4 Block 43.01, however, the Minor Subdivision plan and the deed 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 met.
1. Payment of taxes and other applicable assessments, costs and fees to date
including payment of 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 Board shall comply with the letter of the Board Engineer Alan P. Hilla Jr., PE, PP, CME, dated March 26, 2010.
4. Upon request for building permits, individual site plans including existing and proposed grading and drainage for future construction shall be submitted for both Lots 4.01 and 4.02.
5. The applicant shall provide evidence from the Tax Assessor that the proposed lot numbering is acceptable to the Board Secretary and Board Engineer.
6. This approval is conditioned upon either (a) the applicant completing demolition of the structures on the properties prior to execution and perfection of the subdivision, or (b) posting an appropriate bonding for demolition of the structures, prior to signing of the Deeds to be filed in an amount satisfactory to the Board Engineer.
7. The applicant represented during the course of the hearing that new homes can be built on the subject lots without further Board approval. This application is specifically conditioned that no variance relief is being required to build on the property. Any variance relief necessary, shall be directed to the Board.
8. The Applicant shall post the appropriate performance guarantees and inspection fees in an amount to be determined by the Board Engineer’s Office.
9. Subject to the testimony of all witnesses called on behalf of the applicant being true and accurate.
10. The applicant shall furnish proof that taxes have been paid through the current quarter and through the quarter in which he receives his initial construction permit.
11. Subject to the applicant paying in full all application fees, review fees, engineering and consulting fees, and escrows. Subject to the applicant posting deposits for the required engineering and inspection fees, in amounts fixed by the Board and/or Borough Engineers.
12. Subject to the applicant obtaining and complying with the approval of any other reviewing agency having jurisdiction over the improvement of the property as proposed under this project, including but not limited to the Board of Health, the Borough Engineer, the Borough Fire Official, and any County, State, or Federal agency; provided, however that in the event that any other agency or authority shall require any changes in the plans herein approved, then any such changes must be submitted to this Board for review and approval. Further, if another governmental agency grants a waiver or variance of a regulation, which same affects this approval or any condition attached hereto, or otherwise requires any changes in the plans herein approved, then this matter shall be brought back before the Board for review of any such action, and the Board shall have the right to modify this approval and/or the conditions attached hereto.
BE IT FURTHER RESOLVED, that in accordance with the Municipal Land Use Law that the minor subdivision shall be perfected with 190 days from the date of this Resolution of approval, with the minor subdivision map having been executed by the 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 applicant 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.
A motion to approve the above Resolution was made by Mr. Langenberger, seconded by Councilman Garruzzo and approved by the following roll call vote:
Ayes: Councilman Frank Garruzzo, Thomas Condon, James Harman, Thomas Heavey, James Langenberger, 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 7:35 pm.
Sherri E. Hopkins