Borough of Brielle, NJ
| November 9, 2010
Novmber 9, 2010
|BRIELLE PLANNING BOARD TUESDAY, NOVEMBER 9, 2010
The Regular meeting of the Brielle Planning Board was held on Tuesday, November 9, 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 Harman, Thomas Heavey, James Langenberger, Charles Sarnasi, Tim Sigler, James Stenson, Terre Vitale
Absent - None
Also present were Michael Rubino, Board Attorney, Alan Hilla,. Jr., Board Engineer and Karen. S. Brisben,, Recording Secretary, as well as Dennis Cantoli, Esq., alternate Board Attorney. There were approximately 45 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 October 12, 2010 meeting were then approved on a motion by Councilman Garruzzo, seconded by Mr. Stenson and approved by voice vote, all aye.
The Board had received a copy of the Coastal Monmouth Plan from Monmouth County Planning Board (on file in Board office), along with a request fora .Resolution approving this plan. Mr. Hilla spoke and said he was at these hearings and felt the Board should at least look at the report to see if there is anything.out of character with the Master Plan. It was noted the entire report is on the County Planning Board website and all Board members were encouraged to review this for next month's meeting.
A request was received from the Brielle Elementary School Business Administrator for an opinion on fencing across Borough property behind the.old, Brielle Galleries building. Councilman Garruzzo said this had also been submitted to Council; it was given to Councilman Shaak who is the head of Community Development and he has no problem with this. Mr. Langenberger commented that,, last year when they plowed the snow, they had damaged part of the Borough fence that is there and it is still not fixed. He had no problem with putting the fence across the rest of the lot and would like to see the repairs done by the snow plow. Councilman Garruzzo said he will take care of letting the proper authorities know that the Board is okay with this request.
3. Subject to the application, all attachments thereto, and all exhibits offered by the applicant being accurate depictions of that which they purport to represent.
4. The applicant shall furnish proof that taxes have been paid through the current quarter and through the quarter in which she receives her initial construction permit.
5. 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 andlor Borough Engineers.
6. 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.
1. The porch shall not be enclosed, heated nor shall the roof of the floor be used as a deck or living space for the second floor of the house."
A motion to approve the above Resolution was made by Mr. Sigler, seconded by Councilman-Garruzzo.'and approved by the following; roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Langenberger, Charles Sarnasi, Tim Sigler, James Stenson
Not Eligible to Vote: Thomas Condon, Thomas Heavey, James Harman, Terre Vitale
The Board then turned to the continuation of the hearing for the Sand Bar Restaurant request for waiver of condition #4 on Resolution dated May 9, 1995. Before this hearing started, Councilman Garruzzo stepped. off the dais due to a conflict. Also, Tim Sigler stated he did listen to the tape for the Sand Bar and the Vesuvio matter and can vote.
Mr. Gregory Vella, Esq. then came forward to continue this hearing. He reminded the Board they did finish with their testimony and he summarized this application. The applicant wants relief to put 7 tables on the west deck of the Sand Bar restaurant, they are only asking for the right to serve food and the alcohol permit will have to be approved by the Governing Body. The stanchion locations were changed as per the Fire Company recommendation, there will be no sound system or music and they will serve breakfast only on Saturday and Sunday; there will be no food service past 10:00 pm and everyone will be finished with the tables by 11:00 pm. There were numerous meetings on this with the condo owners at this site.
At this time the hearing was opened to the public for comments and the first to come forward was Joseph DiCroce, a local resident who said he is a lawyer in Manasquan. After being sworn in he said he understood a letter was written to the Board from the Condo Association and Mr. Rubino told him that letter was offered to the Board but, as it was heresay, it was denied acceptance. Mr. DiCroce said that not all owners agreed with that letter and he felt that approval of this application will be good for the community; he was in favor of serving breakfast Saturday and Sunday and was in the best interest for the town; the noise and parking are not an issue. He admitted that there may be some people in adjacent buildings that may have a problem from this but he felt it will be an asset and:supported=the project Mr. Langenberger asked where ,he resided and the answer was 104 Ashley Avenue; Mr. Langenberger,then asked him if he was on the Board of Directors and the answer was no:
Next to come forward was John Roberts of Gise Lane in Point Pleasant, who was sworn in. He is the President of JCR Management , the agents for Brielle Landing and the Condo Association. He wrote the letter that was spoken of but was on vacation at the time of the hearing. Mr. Vella said he is not a lawyer and the law says if one represents a corporation they need an attorney. Mr. Rubino asked Mr. Roberts what he does and he said he manages the condos here. Mr. Rubino told him he can't testify for the whole condominium complex and asked if he owns a condo here and the answer was no. Mr. Rubino then agreed with Mr. Vella that he cannot come in without an attorney. Mr. Roberts countered with stating that he was not told an attorney was needed and he does have a member of the Board of Directors in the room. Mr. Rubino felt it may be better if that person came forward and told Mr. Roberts he can testify for himself but not for the Association.
Mr. Roberts then asked if they can have a postponement for the continuation of this hearing until next month so they can get an attorney; Mr. Rubino said they can do this on their own_ Mr. Heavey reminded Mr. Rubino the letter was barred by the Board so it can't be addressed. Mr. Rubino told Mr. Roberts that, when he read the letter, he thought Mr. Roberts was President and a member of the Association and that is why he said there should be testimony given. But if Mr. Roberts just handles dues and management, he can testify for himself but not the entire Association. Mr. Heavey agreed with Mr. Rubino that the person that is on the Board of Directors can come forward and testify if that person lives in the condos.
Mr. Condon was concerned about the time as this was a very full agenda this evening and he asked that comments be limited to 3 minutes. At this time Connie Russell of 406 Ashley Avenue came forward and was sworn in. She clarified that the letter that was signed by Mr. Roberts was done at the direction of the Board of Directors. Mr. Vella said his client is an owner also and never received this letter; Ms. Russell said this was done at a work meeting and is not always opened to the public. The last time they met they had this letter and the Board of Directors were not-allowed to have this letter read. Mr. Rubino reminded her that the letter does not apply but she can testify. Ms. Russell then stated she felt there is a fire hazard here and smokers should be sent out to Union Lane; on the noise issue, the windows to the Sand Bar are to be closed by 10:00 pm and most nights the windows are left open. There is a litter issue and customers have been seen leaving with beer, etc. and they have to clean it up. She also noted that it does not appear that the bathrooms are going to be increased; on parking she said buildings one and four sometimes have their parking eliminated as the Sand Bar thinks it can use these spaces. In regards to hours of operation she was afraid of the outdoor service with breakfast, lunch and dinner for the 7 additional tables;: it.will be, a hazard. The., upstairs dining is done by 10:00 pm and she could not see why it has to be outside as well. She felt smoking and use of the west deck are not good, Mr. Vella asked her if she had a problem with breakfast at 8:00 am and she said she was not happy with this, there-were a lot of issues that were not clear and she was opposed to the plan.
Mr. Larry Stanley of 210 Ashley Avenue came forward and was sworn in. He wanted to go on record that the objections really'do not hold water, abuses should be addressed but he had a different viewpoint He is a businessman and sees a person looking to improve.their business; he did not see any zoning objection and could not see why it should be denied. It is so difficult to do business in this economy now and why should someone be stopped from expanding. He could not see a problem with a few people having a sandwich outside at a table and commented it also might create 2 or 3 jobs; he did not see negativity here.
Next to come forward and be sworn in was Anthony Palumbo of 403 Ashley Avenue. He noted Mr. Stanley lives away from the Sand Bar but he lives right next to it and is affected by music after 12:00 and by people coming out of the Sand Bar and walking by his front door, he is concerned about people drinking right next door and he hears the cursing and loud talking by these people. He knows the managers of the Sand Bar and they are not the problem, it's the patrons; people walk through the condos on a regular basis and the first table will be about 40 feet from his door, he has a problem with the smoke from patrons drifting in his direction. His neighbor upstairs has a child and he has heard it being woken up by the noise on two occasions. This expansion would put 40 more people on the deck drinking, smoking and being loud right by the residential condos and it will diminish their enjoyment of living at Bridle Landing. Mr. Condon asked Mr: Palumbo how long he has lived here and the answer was about 6 years, the restaurant was there when he purchased this unit. Mr. Vella asked if he objected to breakfast and Mr. Palumbo said yes'as it will make noise; Mr. Vella asked how he felt if there was no alcohol served and Mr. Palumbo said he would still object as
there is still loud talking, smoking, etc. Mr. Langenberger asked about the comment that the Sand Bar keeps their windows open and Mr. Palumbo said they are almost always open.
Arthur Augustine of 408 Ashley Avenue then came forward and was sworn in.
He reminded the Board there was a.granting of,.an expansion. toallow use of-the second floor to keep this outdoor use from happening. He lives on the corner by the parking on the west and north side and he cannot leave his windows open in the summer as there is nonstop yelling and screaming; he feels the economic-irnpadon Building 4 will be tremendous if this is approved as it will be detrimental:to the value of the units-and he felt they have a right to quiet enjoyment. Mr. Vella asked him when he moved-here and the answer was 1995 and Mr. -Vella then commented that the Sand Bar:was there'"when he moved in. He then asked Mr. Augustine if he objected to breakfast and the-answer was yes, due to the noise. Mr. Vella then asked him if he hears the noise from Union Landing Restaurant across the street and Mr. Augustine said no.
Next to come forward was Evelyn Tuttle of 405 Ashley Avenue, who was sworn in. She agreed with everything that has been said. against this application. They have always tried to be good neighbors but they have to close their door and windows due to the noise and the smoking is bad for people waiting to get in; she did not think this is fair to them... Mr. Vella asked if she objects to the table being put outside and she said yes, she would rather see the deck remain empty.
The next person to speak was Steve Hallett of 310 Ashley Avenue, who was sworn in He supported the Sand Bar application and he is not that far away; in the summer there are boats, cars and trains, the sounds of summer here. He felt that 28 more seats.should be allowed for expansion and agreed this will give employment to at least 2 more servers and 1 busboy. He told his kids that maybe now they can go to breakfast right there and he noted his has been in the restaurant business himself for over 25 years, having worked with OSI Restaurants and Carraba's Grill. Mr. Langenberger asked him if he has ever worked in Brielle and the answer was no.
Mr. Don Ziliotto of 404 Ashley Avenue then came forward and was sworn in. He is 100% opposed to this and agreed with all that has been said, the business will be increased which will create more traffic and noise. He commented that the inside has been fixed up and more tables and space allowed; he also noted that the table service is to stop at 10:00 pm but it will go until 12. Mr. Langenberger asked if he has a problem with the people waiting to get in and the answer was yes, Mr. Langenberger then asked if there were tables here with people eating, where will the people go who are waiting and Mr. Ziliotto did not know, maybe the Marina. Mr. Vella felt that if there is too long a wait people leave and go to Union Landing where. they have outside tables and Mr. Ziliotto agreed this happens.
Meg Lester of 117 Ashley Avenue was the next person to come forward and be sworn in. She said people may be waiting for tables and then leave but the other restaurants do not have condos right next to them. Mr. Rubino asked her if she was for
or against this application and she said she was against it. She was asked if she lives there or in Point Pleasant and she said she lives in Point Pleasant and rents the unit out. She also said she did not get a notice of the hearing but Mr. Condon said only the owners within 200 feet of the Sand Bar received an actual notice. Mrs. Brisben, who does the lists, said that when a condominium area is involved, the property owners within 200 feet are personally notified and then the,Association for the Condo Owners is also notified-and that was done in-this case.
Next to-come'forward was Laurie: Petrullo of 209 Ashley Avenue who was sworn in. She was in fullsuppart. She had attended the meetings that the owner, Chris DeCresce, had and commented that at the first meeting about 15 people came in, at the second meeting only 2 people came in and she was one of them..-She goes to the Sand Bar and does not see noise,andprol,lems.1
Daniel Unger of 107 Ashley Avenue then came up to speak and he was sworn in. He, too, was in full support and does not hear noise or crashing bottles; he, too, frequents the Sand Bar to meet friends and have some good food. He could not see why this restaurant can't have what the other area restaurants have, the outdoor seating.
As there were no further comments, the public portion of the hearing was closed. As the time had gone on more than the 45 minutes allowed, the hearing was carried to the December 14th meeting for closing comments. Ms. Lester spoke from the audience and wanted to know why it can't be finished this evening and Mr. Condon explained there are 4 other hearings tote considered this evening and closing remarks may take up to an hour. He announced again this hearing is carried, without.further notice, to the Tuesday, December 14th meeting of the Planning Board and reminded all that the public portion has been dosed so there will not be any more public comment allowed next month.
The Board then turned to the continuation of the hearing for a Minor Subdivision for Block 48.01, Lots 9, 9.01, 10 & 10.01, 314 1/2 & 316 1/2 Fisk Avenue, owned by Michael Vesuvio. Councilman Garruzzo came back on the dais as Mr. Lou Felicetta, Esq. came forward to continue this hearing.
He told the Board he has brought Mr. Richard Graham, Architect, back for crossexamination. Ms. Cofone, who was also to be present for this was again not able to make it. He had forwarded a letter this afternoon regarding the fire lane for Board review as there were issues brought up last month; the Board has the jurisdiction to grant approval here. Mr. Langenberger asked for clarification on exemption and Mr. Felicetta explained this is exempt from specifics of the Fire Code. Mr. Langenberger felt the Board still has the authority to put in a fire lane if they so choose and Mr. Felicetta said yes, but the Board is not officially bound to this. Mr. Tim Middleton, attorney for objectors, said he had just received this letter and has not had a chance to review it.
Before continuing, Mr. Condon wanted it put in the record that he had listened to the recording of last month's meeting and is, therefore, eligible to vote. Mr. Felicetta then asked Mr. Graham to come forward, he was still under oath. Mr. Graham said the existing lots allow maximum coverage of 20% which would allow a home with 2,790 square feet on the first floor; going straight up there. could be another 2,790 square feet and the third floor I/2 story would be 921 square feet, for a total of 6,107 square feet for one home, this is what would be allowed now. The proposed home on the subdivided lot would have a first floor of 822 square feet and 420 square feet for the garage, total of 1,242 square feet. If you add on the second floor and 1/2 story third floor the total square footage would be 3,223.
Mr. Langenberger asked what the lot coverage would be for the proposed home and Mr. Graham said that information is on the site plan by Landmark Surveying, lot 10 would have 23.31% including porches, the existing home lot coverage is 15.41% before the subdivision, 23.6% after. Mr. Langenberger commented that both homes would need variances for lot coverage and Mr. Graham said yes. The. square footage of the existing home is 1,118 square feet for the first floor, 1,118 for the second floor for a total of 2,237 square feet, this does not include porches and deck. The garage is 414 square feet for a grand total of 2,651 square feet.
Mr. Felicetta said there would be more square footage coverage on one lot than on two single lots,. Mr. Sigler said he is seeing a 33% increase in lot coverage for the subdivision. Mr. Graham said that without the porches and decks they would be okay at 19.1T7%. Mr. Sigler asked if they are used in calculating lot coverage and Mr. Graham said yes, he was just explaining how the home is laid out, he was just trying to give a concept for the size of the home. He did not think the home will be excessive to the property size, there would be 20.45% if they remove the porches only and leave the garage, so the main home is close to 20%; he. stated that no porches will be enclosed.
Mr. Langenberger asked if the owner was willing to eliminate the porches and deck and Mr. Graham felt this will impact the look of the home and it would stop use of outdoor living space. Mr. Graham commented that they are will within the fire codes, they had discussed Article 5 of the International Fire Code and on 10/29/10 he spoke to Robert Lennox and Robert Whelan of the, State Fire Commissioners. He had at an earlier contacted the DCA on their website, they have an area where. one can ask questions and he asked them about this project; he received an email that says they need to abide by existing structures, etc. He was satisfied that the code standard is not binding to the Borough of Brielle.
Mr. Condon asked if the proposed house will be a cottage style; Mr. Graham said the existing home shown on Exhibit A-14 is a cottage look. The proposed home will be a traditional home with cottage features, that is what he is recommending. Mr. Condon asked if he would build a home like the one shown on Exhibit A-14, the one large one, and Mr. Graham said no, he just wanted to show what size home could be built there. He would not recommending building that style home, he took it out of a magazine.
At this time the hearing was opened to the public for questions to Mr. Graham and Mr. Robert Boiles came forward, he lives in Millbum, N.J. and is 34 owner of a home on Fisk Avenue. He wanted to know how they plan to elevate this home as there is a 9 foot flood plain. Mr.. Graham said the first floor will be one foot above the_ plain, built on pilings. Mr. Boiles then asked if fill will be added to raise the ground level and Mr. Graham said they would have to be careful if they did this and noted the height of the building is. measured from the street. Mr. Boiles was asking these questions due to a retaining wall that was built along the side of the property about 15 years ago. Mr. Graham said they can't do that anymore, the rules are much stricter now and there is no intention of filling to the river. Mr. Boiles felt this should be clarified and Mr. Graham explained that the final grading will be inspected by the Site Engineer, they have no intention of changing the grade. Mr. Langenberger spoke up and told Mr. Boiles if they do put in more than two feet of fill they have to come back before the Board for another variance application.
As there were no more questions to Mr. Graham, that portion was closed. Mr. Michael Vesuvio then came forward to testify and he was sworn in, giving his address as 607 Emerald Trail, Martinsville, N.J. He said he has owned this property since July 12, 2004, he was attracted to the town and then looked at one lot and found another lot next to it for sale also so he bought both, he thought they were two pieces of property. He had submitted an application to the Planning Board but it was returned with his check as the town records show these lots,°as,two individual lots,- the application was then marked as Exhibit A-19 and a letter from. the Board Secretary returning the $t50 application fee, dated,.6/312008 was,marked as Exhibit A-20. He then saw the Zoning Officer and received a response, a letter of 611.3108 which was marked as Exhibit A-21. Mr. Hilla commented he had forwarded the letter to the Board Attorney.
Mr. Middleton then spoke and said all this is not applicable but reference was made to Exhibit A-9, a letter of 7131108 from Borough Attorney Nicholas Montenegro that says the merger doctrine does not apply and these are two buildable lots. Mr. Cantoli said this has already been established and this attorney did not-have the jurisdiction here. Mr. Felicetta asked Mr. Vesuvio if he receives two tax bills and the answer was yes, one for 316'/2 Fisk Avenue and one for 314 % Fisk Avenue. Mr. Vesuvio said he contacted Mr. Graham to design a home that will blend in with the community, the home is deep and not wide and will fit in, they had adjusted this many times. Mr. Middleton asked Mr. Vesuvio is he was represented by counsel when he purchased the property and the answer was yes. Mr. Middleton asked if that attorney tried to get a Certificate and Mr. Vesuvio said he did that after the purchase. Mr. Felicetta noted the letter of 6/3/2004 referencing this and Mr. Middleton said paragraph 5 talks of not having a guaranty of being able to build two homes; Mr. Felicetta said that is what they are coming before this Board for.
Mr. Vesuvio said he has been in this neighborhood for 7 years and he wants to build something nice for the community, they have taken drainage, aesthetics and all aspects seriously, he felt he was wronged by a technicality. Mr. Langenberger asked that when he purchased the home from Mr. Suer he was told by the seller they were two
lots and Mr. Vesuvio said yes and backed that up by stating he had his own realtor as well. Mr. Cantoli asked if the contract of sale stated two lots and Mr. Condon noted it was-part of the application and did state two lots, Exhibit A-5. Mr. Cantoli,said this is a seller's representation to the buyer and has nothing to do with legalities.
The hearing was opened to the public for questions to Mr. Vesuvio and, as there were none that portion was closed. Mr. Condon noted they were all out of time for this evening and Mr. Felicetta said they were done with their testimony. Mr. Cantoli reminded them Ms. Cofone had to come. back for cross-examination but Mr. Middleton said he will waive that as he was done with her testimony; he told the Board he will have his Planner attend the December meeting.
The Board then turned to an application for a Variance for Block 14.01, Lot 2, 404 South Street, owned by Robert & Rene Paturzo, to allow construction of anew 16'x35` pool, patio & 4 foot fence. All pools to be set back 10 feet from,side and rear yard lines, proposed pool would be located 6 feet from rear property line, 4 foot variance requested. Accessory Structure - front yard setback of 30 feet and rear yard setback of 5 feet required, pool filter to be located 25 feet from Harris Avenue right ,of--way (5 foot variance requested) and patio would be 3 feet from property line (2 foot variance requested). Formal Grading Plan also required.
Theafee of $300 was paid, taxes are paid to date and the property owners within 200 feet and the newspaper were properly notified (note: this application was to be heard in October but notice was deficient). Before this hearing started, Terre Vitale stepped off the dais due to a conflict.
Rene Paturzo came forward and was sworn in, she giving her address as 404 South Street. She said they wish to construct, aI6x35 foot pool; this is considered a corner lot but Harris Avenue is a dead end and is not used, they have 900 square feet of property they cannot use and they realized they. have to put the pool in-the rear. After consulting with Aqua-Land Pools they decided they needed to have a'diving board as they have 3 teenage sons. She testified. that there' are only three neighbors by them, and their nearest one, Susan Holmes, would have the pool: about-60 feet away=from her home; the filter would have beenfclosestto Ms. Holmes or Ms. King, another..neighbor, they decided to put the filter by the Brielle Park side so they need a variance -for this.
Mr. Rubino said the applicants had requested to keep the equipment variance separate as they may have to put in a smaller pool and this would change. At this time he marked as Exhibit A-I a survey of the home and pool plan. Mr. Sigler asked about stairs in the pool and Mrs. Paturzo said the stairs are called "swim out" stairs, 2x4 foot stairs under water. Mr. Sigler asked if the pool could be made closer but Mrs. Paturzo said they would need another variance if they did this, they would trade one variance for another. Mr. Condon asked the reason for steps and not a pool ladder and Mrs. Paturzo said it's just a preference; Mr. Sigler felt it may be a safety issue as well.
At this. time the hearing was opened'to the public for questions and there was no response so that portion was closed.. It was then opened again for public comments and Ms. Susan Holmes came forward and was sworn in. She said she has always tried to be a good neighbor but is concerned about this pool as she has had leakage in her basement and felt any soil erosion may cause this again. She recounted a problem with her niece's pool which had a leak and flooding. Mayor Nicol asked Mrs. Paturzo if this pool would be concrete or have a vinyl lining and Mrs. Paturzo said a vinyl lining. Ms. Holmes said she was concerned about putting in a patio as well. Mrs. Paturzo told the Board they are required to submit a grading plan and also will be installing a berm. Ms. Holmes said she would appreciate a smaller pool being put in.
Mr. Donald Riley of 170 Atlantic Avenue, Long Branch, then came forward and was sworn in, he is Susan Holmes' nephew. He explained she is nervous about having a pool next door, there is a noise factor and she is older; if this is a vinyl lined pool there is a chance of leakage and she has had water problems on her property. He felt the Board should have consideration for her concerns.
Next Mrs. Riley of 170 Atlantic Avenue, Long Branch, came forward and was sworn in. She said it is easier to make a pool smaller, her aunt's property is right next door. If this is approved, she would like to see some condition that if there is leakage the Paturzos' will be held responsible.
Next to. come forward was Deborah King of 654 Harris Avenue; she had no problem with this application and-was another neighbor; Mrs. Paturzo offered that Ms. King would be most affected by this application.
Robert Paturzo then was sworn in and told the Board when they decided to put in this pool they. had spoken to the King family to make sure if was okay with them. He assured the,.Board that proper grading will be. done and the pool built correctly.
There were then some comrrments.made by Mrs. Paturzo and Ms. Holmes that Mr. Rubino said had to bedisregarded due toitheir personal negative remarks. As there were no further comments from the public; that portion was closed and the Board went into discussion: Mr. Langenberger commented.that the Board had approved a similar application a few years ago. for a pooh and there have been no problems with that. Mr. Harman said this property is right next to the Park arid there is noise there. Councilman Garruzzo said he was familiar with Aqua--Land Pools and they have a great reputation for putting in pools. He felt the distance was good and agreed with the filter being moved to the side of the property.
As there were no further Board comments, a motion was made by Mr. Langenberger; seconded by Mr. Heavey, to approve the application as presented. The application was approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, Thomas Heavey, James Langenberger, Charles Sarnasi, Tim Sigler, James Stenson
The Board then considered an application for Block 21.01, Lot 54, 640 Woodland Avenue, owned by Deborah King, Board Determination that lot is an isolated preexisting nonconforming lot that is not subject to Doctrine 47)f Merger with Lot 44.
The fee of $100.00 was paid, taxes are paid to date and property owners within 200 feet as well as the newspaper were properly notified. Mr. Michael Wenning, Esq. came forward to represent Ms. King and had Deborah King sworn in.
Mr. Rubino explainedthis:application.to the Board and said it has some interesting legal issues and he read the case law on it. There was. a deed from Catherine Kenney to Norman Kenney dated 411411979 with an acknowledgement clause the same date, but the deed•:was not recorded until:-November-8 of 1979. In May of 1979 the town changed the zoning in this area to 75x100`feet, before that it was 50x150.foot lots. Mr. Hilla had to recuse himself from:this so Construction Official Sandy Ratz made an opinion thatbecause the deed wa's'not recorded until November 1979 there was a merger of the two lots.
Mr,. Wenning provided Mr. Rubino with case law on this and there were a lot of questions=on taking title from an older person. It was decided that the date of deliverance is the effective date, not the date of recording and this is substantiated also by the acknowledgement clause dated April 14, 1979. Mr. Condon asked if it mattered that, in the late 1950s, there was a house on the property and it burned down; the answer was that is not an issue.
Mr. Rubino then stated that two of the neighbors had hired an attorney, Kevin Starkey, to represent them, however, after discussion with him he has now left and is no longer objecting. Mr. Heavey noted if the Board accepts the April date then there is no merger of lots.
Mr. Wenning then asked that Ordinance 255 from 1960 be put into evidence and it was marked as Exhibit A-1, this states that the lots conform. Exhibit A-2 is a new survey dated 6/1/2010 which shows the lot is 50x170, so the lot was conforming in 1960. Exhibit A-3 was paperwork showing that, in 1909, Mr. Longstreet owned all this property and that this lot was 50x177, in 1936 it was transferred to a single lot. The next transfer was done by Ms. King's father from her grandmother, she had willed the home to him; this was all done by attorney Jim DuPlessis who was a local attorney.
Exhibit A-4 was a.certified copy of a deed dated 4/14/1979, the. acknowledgement says Catherine Kenney signed, sealed. and delivered the deed, which satisfies the transfer of deed. Exhibit A-5 was a copy of a deed from Catherine Kenney
from 1944 for the second lot; it was then purchased in 1971. Exhibit A-6 was Ordinance 592 which shows the change in the zone on 511411979, 30 days. after the transfer. Exhibit A-7 was a copy of tax bills from the Borough of Bridle, two bills for two separate lots; this property had been two lots since 1979.
Mr. Wenning then went over the case law - H.K. vs. Department Human Services. In Medicaid, there is a three year look back to see if the property was a gift. In this case a mother transferred the property to a relative but it was not recorded for 2 '/2 years; the case law decided that the date of the deed is the right date, not the recorded date.
Deborah King spoke and said her Dad grew up right next door, he was a Special Police Officer in the summer and knew the Councilmen, Mayor, etc. She remembers finding out about the change in the Ordinance as she was dating the son of a Councilman at the time, ,so they brought. Mr. DuPtessis to the'` house to do the paperwork; all those people have passed away-now.
Mr. Wenning said this is really a question of law If they were to build a home here they would have to build accdrding to-thelcurrentzoning laws. Mr. Rubino explained that the Board can say this is merger was not done and agrees that the effective date is the date ofA11411979. He was comfortable with, this as there is an acknowledgement clause; he personally knew Mr.''DuPlessis and-he v 'ould not, have done anything underhanded and Mr. Rubino did not know why it was not recorded more timely.
At this time the hearing was opened to the public for questions and, as there was no response, that portion was closed. It was then opened for comments and, as there was no response again, that portion was also closed and the Board went into discussion.
As all Board members were in agreement with the recommendation by Mr. Rubino that the effective date of the transfer was 4/14/1979 and no merger took place, a motion was made by Mr. Heavey to approve this application, this seconded by Mrs. Vitale and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, Thomas Heavey, James Langenberger, Charles Samasi, Tim Sigler, Terre Vitale
Not Eligible to Vote: James Stenson (Alternate Member)
The Board then addressed the last item on the agenda, an application for Site Plan approval for Change of Elevation of more than two feet, Block 107.01, Lot 7, 1104
Shore Drive, owned by Michael Moretti. Construction of retaining walls that will change elevations up to 7 feet.
The fee of $300 was paid, taxes are paid to date and property owners within 200 feet as well as the newspaper were properly notified. Before this hearing started, Mayor Nicol and Mrs. Vitale had to step down off the dais due to Iiving,within the.200 feet radius.
Mr. Rubino said the Brielle Ordinance on this is superseded by State Ordinance and Council is looking.into this, so for tonight's presentation, the.Board is,going to-call this a variance application. Mr. Michael Moretti. then came'forward and was sworn in and told the Board the walkway by his home is in disrepair and overgrown, he wants to add retaining walls and a pool. Mr. Hilla said the grading plan is designed so that runoff will stay within the confines of the property.
Mr. Langenberger felt this yard, as is, is basically unusable; he remembers when Mr. Moretti purchased this property and felt that without it. being ten-aced it cannot be used. He also commented that railings will have to be put on the stairs that are now existing. Mr. Moretti said this project will cost about $300,000, so all landscaping and other items needed to be done will take place.
As-this was- his testimony,-the hearing was opened to the public for questions and Christine Chen of 1106 Shore Drive came forward. She wanted to know what impact to the neighbors this will have, her property is downstream of Mr. Moretti's. Mr. Hilla said what will happen is their existing grade will be continued on to Mr. Moretti's property; on the west side of the property the existing grade will remain. He showed Ms. Chen the application where dotted lines show the existing grade and explained that swales will be created so any run-off will stay on the Moretti property. Mr. Moretti commented that Ms. Chen has a retaining wall already and Ms. Chen countered with the fact that Mr. Moretti's will be higher.
Mr. Hilla again said that swales will be put in so water will stay there, the grade between the Chen property and the Moretti property will remain the same. Mr. Moretti said a lot of drains will keep the water away and Mr. Hilla agreed. Ms. Chen then asked if the impact to her will be minimal and Mr. Hilla said "not necessarily". They are raising the grade and there will be a terraced effect which will be stepped, it's not really being filled but more of a leveling off. Mr. Moretti reminded all that this will all be landscaped as well.
Ms. Chen was still not sure that water will not come onto her property and Mr. Hilla said that other measures may be required and told Ms. Chen that if she experienced any problems she was to let him know as he has the ability to investigate it and get it fixed. Mr. Moretti told Ms. Chen he is putting in stone which will send away water from her property. Ms. Chen wanted assurance that there will be language in the Resolution that, if there is a problem, they can ask for relief. She also wanted to know if Mr. Moretti can do this can she also and Mr. Rubino told her she would have to come
Tuesday, November 9, 2010
before the Planning Board for variance relief, just as Mr. Moretti is doing. Mr. Hilla again told her to come see him if there is a problem; they may need to require another berm or something to correct it.
As there were no more questions the hearing .was opened for general comments and, hearing none, that portion was closed., As all Board members were in favor of this application a motion was made by Mr. Heavey to accept it as presented, this 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, Tim Sigler, James Stenson
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 10:24 pm.
Karen S. Brisben, Recording Secretary Approved: