Borough of Brielle, NJ
| July 13, 2010
July 13, 2010
|BRIELLE PLANNING BOARD TUESDAY, JULY 13, 2010
The Regular meeting of the Brielle Planning Board was held on Tuesday, July 13, 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 - Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Charles Sarnasi, Tim Sigler, James Stenson, Terre Vitale
Absent - James Harman, Thomas Heavey
Also present were Michael Rubino, Board Attorney, Alan Hilla, Jr:,,Board Engineer and Karen S. Brisben, Recording Secretary.: There were 9 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 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 June 8, 2010 meeting were then approved on a motion by Councilman Garruzzo, seconded by Mr. Sigler and approved by voice vote, all aye.
The Mpy-June issue of the NJ Planner was distributed to all members, as well as a letter from Robert Houseal, dated 7112110, regarding the Resolution for Compass Venture which was to be considered this evening.
The Board then considered the Resolution for approval for Block 68.01, Lot 1, 815 Riverview Drive, owned by Compass Venture Capital, LLC, to allow construction of a second story addition to the principal structure. Mr. Condon noted the above referenced letter from Mr. Houseal, however, the public portion of the hearing had been closed and: the Board was considering their approval of this matter as discussed at the June meeting. Therefore, the following Resolution was presented for approval:
"WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth, State of New Jersey has before it an application for variance approval for second story addition for premises known as 815 Riverview Drive, said premises being located at Block 68.01, Lot 1, and the applicant Compass Venture Capital, LLC, being represented by Timothy Middleton, Esq. and a variance package having been submitted to the
the Ordinance allows one-family homes in the zone and that the addition is merely to increase the size of the existing house on the premises, which is presently modest in nature.
5. At the hearing, the applicant agreed that the proposed addition will be limited to a two-story house and that the applicant will agree to a prohibition of any further story additions to the premises without the necessity of returning to the Board for variance relief.
NOW, THEREFORE, BE IT RESOLVED by the Board that it adopts the aforesaid findings of fact, and based upon the aforesaid findings the Board concludes that the applicant has satisfied the necessary criteria for granting the "C" variances. The Board also finds and concludes that with respect to the "C" variances:
a) The Board finds that by reason of an extraordinary and exceptional situation that uniquely affected the subject property and the structure which exists lawfully thereon the strict application of the
aforementioned regulations would result in peculiar and exceptional practical difficulties to, or exception and undue hardship upon the applicant.
b) The applicant has demonstrated that the purposes of the Municipal Land Use Law and the Land Use Ordinances of the Borough of Brielie would be advanced by a deviation from the Zoning Ordinance requirements at issue, and further that the benefits of any such deviation would substantially outweigh any detriment resulting from a grant of the application.
c) The Board finds that the relief can be granted without substantial detriment to the public good and that the relief will not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinances of the Borough.
WHEREFORE, BE IT RESOLVED that the Planning Board of the Borough of Brielle, does hereby grant variance approval to Compass Venture Capital, LLC for variance for front setback along Cherokee Lane of 25.35 feet and a front setback along Pearce Lane of 14.29 feet, for premises known as 815 Riverview Drive, Block 68.01, Lot I in the Borough of Brielle. The maps cannot be signed until conditions 4 through 6 are met.
1. Subject to the development here at issue being undertaken in accordance with the testimony presented to the Board and the plans submitted to/approved by the Board.
2. Subject to the testimony of all witnesses called on behalf of the applicant being true and accurate.
Mr. Condon moved the agenda around and the Board then considered an application for a variance for Block 99.02, Lot 1, 922 Riverview Drive, owned by Jay &. Jenna Hedden, to allow construction of a single story screen room atop the existing deck at the rear of the principal structure. Rear Setback - 40 feet required, 32.49 feet existing, 23.5 feet proposed.
Mr. Jay Hedden came forward and was sworn in, as well as the Project Manager Steve Frost, who gave his address as 202 Walther Road, Fairless Hill, Pa. The Board accepted him as an expert witness. The testimony was given that this will be one room, a screened-in porch over a deck. The Heddens have 4 children and a dog and they need the extra space. As this home sits on the lot, they did not think any neighbors can even see this, they are only adjacent to two homes and this will not be in anyone's sight.
Mr. Hedden then submitted photos, which were marked as follows: A-1 was a picture from the side; A-2 was a shot from further down the road; A-3 was a direct view from Riverview Drive; A-4 was a photo of the deck in question. Mr. Hedden said the deck is an ofld shape and they are not using the whole deck, only the shaded portion that is shown on the plan submitted. Mr. Condon asked if the deck will be expanded and the answer was no, they may change deck in the future but not at this time. He said they have lived in this home for 9 years, they razed the previous home and built this new one.
Mr. Hilla commented that, because it is a corner lot, he had to apply the rear setback opposite the narrowest part of the front but said the deck is less than 3 feet above grade so no setback issue is present for the deck. They are here because they are putting in an addition.
Mr. Langenberger congratulated Mr. Hedden on just becoming a father to twins and he noted the construction looks elaborate, almost like another room. Mr. Frost said they will be adding more footings. Mr. Langenberger asked if there will be glass panels or just screens and the answer was just screens, they are not enclosing this. Mr. Sarnasi asked if part of the deck will be removed and Mr. Frost answered no, they will remove deck boards, put in the room and then replace them; he agreed this will not be enclosed.
Mrs. Vitale asked if there could be a deed restriction stating this, Mayor Nicol agreed as well as stating it will not be heated; the rest of the Board agreed. The hearing was then opened to the public for questions and there were none, so that portion was closed. It was opened to the public again for general comments and again there was ng response so that portion was closed.
At this time Mr. Langenberger made a motion for approval with the aforementioned deed restrictions, this seconded by Mrs. Vitale and approved by the following roll call vote:
The next person to be sworn in was Alison Kaufmann, a Certified Planner in New Jersey who has been before this Board before; the Board accepted her as an expert witness. Mr. Galaccio asked her to explain the "D" variance and she proceeded to explain that the applicant is operating a pet grooming salon in a commercial property, the other businesses are a dry cleaner, a personal trainer and a convenience store. The C-1A zone is not a permitted use for this pet grooming salon but there are uses similar, for example, a barber shop or beauty salon is permitted; the only difference from . Ms. Lee's salon is. the species groomed
She researched this issue and looked at the 2006 Master Plan Update and Mr. Rubino asked her if it is specifically stated this use is not allowed and the answer was no; Mr. Hilla agreed. Ms. Kaufmann said she looked at the categories in the Master Plan and personal services are allowed, she felt a pet salon would fit here. She did not see any detriment to the public and the positive outweighs the negative, this is not a kennel or a Vet's office and can be in this type of property as the mall is suited for this use. She felt the impact is similar to a beauty salon and there would be no impact on light, air or open space. The Master Plan talks about a Main Street theme and they feel this use fits in with a Main Street use and is intended to be acceptable by the Master Plan wording.
The Board then went into discussion and Mr. Sarnasi asked her why she moved from. her other location to this one. Ms. Lee said her other salon was on Highway 70, a very busy roadway, and getting in and the parking were both tight. As there were no further questions, the meeting was opened to the public for questions or comments and there was no response so that portion was closed.
After a brief discussion with Mr. Rubino on the best way to proceed, a motion was made by Mr. Langenberger, seconded by Mrs. Vitale, to approve the Use Variance and allow the Pet Grooming Salon to be in the CIA Zone. This motion was approved by the following voice vote:
Ayes: Thomas Condon, James Langenberger, Charles Sarnasi, Tim Sigler, James Stenson, Terre Vitale
As there was no further business to come before the Board, a motion to adjourn was made by Mrs. Vitale, seconded by Mr. Sigler and unanimously approved, all aye. The meeting was adjourned at 8:10 pm. (Note - after the adjournment, the Board had a brief, informal discussion on the CIA zone and Master Plan).
Karen S. Brisben, Recording Secretary