A Community by the River

Borough of Brielle, NJ

March 8, 2011

June 07 2011

March 8, 2011


The Regular meeting of the Brielle Planning Board was held on Tuesday, March 8, 2011 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, James Langenberger, Charles Sarnasi, Tim Sigler, Terre Vitale

Absent - James Stenson

(Note: Thomas Heavey has resigned from the Board)

Also present were Michael Rubino, Board Attorney, Claire Odud, Board Engineer for Alan Hilla, Jr. and Karen S. Brisben, Recording Secretary. There were approximately 25 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 February 8, 2011 meeting were approved on a motion by Mr. Langenberger, seconded by Councilman Garruzzo and approved unanimously by voice vote, all aye.


As there was no Correspondence, the Board then turned to the approval of a Resolution for Denial for Minor Subdivision, owned by Darin Muly, Heather Garrett-Muly and Richard & Kimberly Read.

Mr. C. Keith Henderson, Esq., the attorney in this matter, was in the audience and he asked if he could address the Board before they took a vote. He had sent a letter to the Board asking for a delay in passing this Resolution of Denial as his clients had contacted the next door neighbor in hopes of purchasing some of his land to add to theirs to make this subdivision possible. Mr. Condon told Mr. Henderson he did not believe it in the best interests of the Board to do this.

Mr. Henderson explained that the time period, as outlined in the Municipal Land Use Act, will be waived by the owners. Their neighbor was not asked if he would sell

any land to them and they are now in the process of doing that and submitting an offer. If the Board passes this Resolution of Denial tonight and it is published, they have 45 days to appeal and this would be a waste of their money and the Borough's as well. Mr. Henderson couldn't imagine why the Board would want to take on more legal fees and said there is no down side to this as there were no objectors in the audience and this gives his clients the opportunity to submit a better application.

He was aware that the Brielle Planning Board passes Resolutions at their next meeting but not all towns do this and he felt it would be in everyone's financial interest to wait on this matter.

Mr. Condon asked him about just submitting a new application with new setbacks, he would then be asking for two larger lots; he also told Mr. Henderson he should have looked at what has been done with the smaller lot subdivisions in town being denied, but Mr. Henderson said that there are other lots that have been approved. Mr. Condon said the lots right across the street were denied for a subdivision. Mr. Henderson then spoke again of the cost of the appeal process and this application will become "Res judicata" (matter already decided).

Mr. Rubino told the Board that the applicant is willing to waive the time, he agreed this is done in other places. He saw no harm in doing it with a time frame, say next month. Mr. Condon asked if the Board could vote on it and Mr. Rubino said yes. Mr. Condon felt this sets a precedence; Mr. Harman, Mr. Langenberger and Mrs. Vitale felt a vote on the Resolution should be done this evening. Mr. Sigler asked again why, instead of an appeal, can't they just file a new application and Mr. Rubino said if they can't buy any more property they would like to appeal and only have 45 days to do this after the Resolution is published; he agreed there would be legal expenses for both sides if an appeal is filed.

Councilman Garruzzo commented that if they are able to work a deal with the neighbor then they can come back with a new application; Mr. Condon said he now understood what was trying to be done. Mr. Henderson asked for 60 days as they have presented the seller with a number of options.

Mayor Nicol was in agreement with some of the other Board members that this should not even be considered and the Resolution be voted on this evening. With that statement, he made a motion to approve the following Resolution for Denial this evening:

"-WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey has before it an application by Darin Muly and Heather Garrett-Muly and Richard and Kimberly Read, for Minor Subdivision along with associated variances set forth below for property known as Block 22.01, Lot 27, said premises lying in the R-3 Zone and being located at 616 Park Avenue in the Borough

7. The applicant attempted to justify the relief for the undersized lots based upon establishment of appropriate population density under the C-2 Section of the statute. The applicant also offered testimony that of the properties within 200 feet of the subject property there were 29 lots, 20 of which were undersized in width. The Board, however, finds that Lot 26 adjacent to the subject property is an oversized lot as are Lots 20 and 21 which are across the street from the subject property. In addition thereto, Lot 31 on the same street is an oversized lot, as is Lot 15.
8. The Board is not satisfied that the applicant has demonstrated that the purposes of the Municipal Land Use Law and the Land Use Ordinances of the Borough of Brielle would be advanced by such a great deviation from the Zoning Ordinance requirements at issue. The Board further finds that any such deviation would not substantially outweigh any detriment resulting from a grant of the application.
9. The Board bases these findings on the nature of the lots within the immediate vicinity of the subject property and because of the fact that the proposed lots would be substantially deficient in lot area, 7,500 sq. ft. being proposed and 11,250 sq. ft. being required. In addition thereto, the Board finds a lot width of 50 feet where 75 feet are required to be a substantial deviation in this particular area.
10. The Board is mindful that the Master Plan and Ordinances of the Borough gives the Board some leeway in granting subdivisions for undersized lots and the Board in the past has granted such applications. However, the Board finds that those approvals are not binding on this Board and the Board further finds that the Board's obligation on each application before it is to carefully scrutinize the surrounding properties in making a determination as to whether or not variances should be granted.
11. In this particular instance, the Board is not satisfied that the applicant has met its burden in satisfying the positive criteria under the C-2 Section of the Statute, nor is the Board satisfied that the applicant met its burden to show that the relief requested could be granted without substantial detriment to the public good-, nor that the relief will not substantially impair the intent and purpose of the Zone Plan and the Zoning Ordinances of the Borough. The Board is further not satisfied that the applicant has made every effort to bring the application more in compliance with the Borough's Zoning Ordinances.
12.The Board finds because of the substantial size of Lots 26, 31, 15, 20 and 21 that there would be a. substantial negative impact on the properties in the area if this application was granted.
13.The Board also finds that a granting of the application would impair the intent of the Zone Plan of the Borough and the Ordinances of the Borough. The Board, therefore, denies the application as the applicant has not met its burden to justify the granting of the relief requested by it.

WHEREFORE BE IT RESOLVED, that the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey, does hereby resolve to deny subdivision approval with the aforementioned variances to Richard and Kimberly Read and Darin Muly and Heather Garrett-Muly for premises known as 616 Park Avenue, Block 22.01, Lot 27.

The motion-made by Mayor Nicol, seconded by Mr. Langenberger and this Resolution of Denial was approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Terre Vitale

Noes: James Harman, Charles Sarnasi Not Eligible to Vote: Tim Sigler

The Board then turned to the approval of a Resolution for Block 97.01, Lots 2 & 3, 401 & 405 Sycamore Lane, owned by Thomas R. Schwier, to allow a Minor Subdivision from two lots to three lots.

As all Board members, as well as the applicant and his attorney, had received a
draft copy and all was in order, the following Resolution was presented for approval: 0

"WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth, State of New Jersey, has before it an application for Minor Subdivision approval for Thomas R. Schwier for premises known as 401 & 405 Sycamore Lane, Brielle, N.J. Said premises also being known as Block 97.01, Lots 2 & 3 and said premises lying in the R-2 Zone and a subdivision plot having been prepared by Insight Engineering and Surveying and the subdivision map having been signed by Paul K. Lynch, LS and said map being dated 12/14/10 and the applicant being represented by Thomas Hirsch, Esq. and the Board having held an open public hearing on the matter on February 8, 2011 and at that time the Board having listened to the testimony offered on behalf of the applicant and 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 consists of two adjacent lots located on Sycamore Lane in the Borough. The property lies in the Borough's Residential Zone 2 (R-2). Lot 2 contains an existing 2 story single family dwelling, framed

garage, slate-patio and brick patio, Lot 3 contains an existing 1.5 story single family dwelling, in-ground pool, pool house and paver driveway.
2. The applicant requests to subdivide a portion of each lot so as to create a new lot and as a result three lots in total. Because only one new lot is being created this remains a Minor Subdivision.
3. The lots which are to be properly numbered as part of Resolution compliance and for the purposes of this Resolution will be called Lots A, B & C will contain property as follows:

Lot A - 19,499 square feet. Lot B - 15,000 square feet. Lot C - 19,472 square feet.
4. Lot A would retain its single family dwelling and garage. A portion of the brick patio will be removed so as to comply with the bulk requirements of the Zoning Ordinance. Lot C will retain its single family dwelling and pool house and a' portion of the-paved- driveway shall bee removed so-that the bulk requirements are met. Lot B will be vacant and complies with the bulk requirements of the Borough Ordinance and the Board finds that it is of sufficient size and shape so that a house can be built on it without the need for further variance.
5. In reviewing the application, the Board considered the. letter of Alan Hilla, Jr., the Board Engineer and Planner, dated January 25, 2011. The Board also considered the letter of the Brielle Fire Co. No. 1, dated January 11, 2011 and the letter of the Department of Police, Borough of Brielle, dated January 9, 2011. The Board finds the approval of this project is consistent with those letters.
6. During the course of the hearing, the applicant agreed to make changes to the plans as requested in the comment section of Mr. Nilla's letter of January 25, 2011. With those changes, the Board is satisfied that the subdivision can be granted without creating any issue as to design concerns.
7. The Board finds that all proposed lots shall meet the bulk requirements of the Borough's R-2 Zone standards and that no variances are created as a result of this subdivision.
WHEREFORE, BE IT RESOLVED that the Planning Board, Borough of Brielle, County of Monmouth, State of New Jersey, does hereby resolve to grant subdivision approval to Thomas Schwier for premises known as 401 and 405 Sycamore Lane. Said premises also known as Block 97.01, Lots 2 and 3 to create a third lot at the premises. And the deed perfecting said Minor Subdivision shall not be signed until all the following conditions are met and the Board Engineer shall signify same 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 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 post the appropriate performance guarantees and inspection fees in an amount to be determined by the Board Engineer's Office.
4. The Applicant shall comply with the letter of the Board Engineer Alan P. Hilla, Jr., PE, PP, CME, dated January 25, 2011.
5. Drainage concerns on Lot 5 shall be addressed during the permitting process and this approval is conditioned upon the developer at that time providing existing and proposed grading and drainage at the property and architectural plans for any future construction on proposed Lot B.
6. The Applicant shall revise his plans with lot numbers that have been provided and approved by the Borough Tax Assessor.
The Applicant shall obtain any other outside approvals deemed necessary by the Board Engineer prior to the plans being executed by the Board Secretary.

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, or within any time frame allowed under the Permit Extension Act, 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 Lave, as to compliance with the terms of this Resolution, and the filing of the deed or the map to perfect this Subdivision 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.

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 if 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 approval concerning this subdivision and land and that steps also be taken as may be deemed necessary by the Borough Committee toplace 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 Resolution was made by Mr. Langenberger, seconded by Mr. Harman, and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, James Langenberger, Charles Sarnasi, Terre Vitale

Noes:. None

Not Eligible to Vote: Tim Sigler NEW BUSINESS:
The Board then turned to an application for Variance for Block 20.01, Lot 14, 623 Woodland Avenue, owned by James & Tina Cadott, to allow expansion of a front porch. Front Yard Setback - 30 feet required, 19.1 feet proposed, 10.9 foot variance requested.

The fee of $300 was paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified. Mr. James Cadott came forward and was sworn in; he told the Board they want to take the existing front porch stoop out, come out 6 feet from the beginning of where that stoop is with a mahogany floor and gabled roof and follow the existing roof line. They did not realize there was an easement and thought they were okay with doing this; they now ask that the easement be lifted so they can do this work to the porch. Mr. Cadott felt this will look better and add value to the home.

Mr. Rubino asked how big it will be and the answer was 22 feet across and 6 feet wide, it will be under 30 inches high. Mr. Condon asked if the porch will come out further than the stoop and Mr. Cadott said it will come out to where the steps are now with steps to the new porch, so it will be out about 2 feet more than it is now. Councilman Garruzzo commented the two feet would be enough for the new steps.

At this point Tina Cadott came forward and was sworn in so she could partake in the answers. Also, Mr. Rubino marked the plans as Exhibit A-1. Councilman Garruzzo continued his comments by stating it is 19.1 feet to the porch and it was 19.1 feet to the stoop. Mr. Langenberger said he walked the property and asked if the 6 feet includes
the roof line; Mr. Cadott said the porch will be 6 feet and then there will be an overhang. Mr. Sarnasi felt this should stay an open porch and not be closed in.

As there were no more Board questions, the hearing was opened to the public and, as there were no questions, it was opened for comments; there were no comments either, so the open public portion of the hearing was closed.

As all Board members were in favor of granting this variance request, Mr. Langenbergermade a motion to approve this application, as presented, this seconded by Mayor Nicol and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, James Langenberger, Charles Sarnasi, Tim Sigler, Terre Vitale

Noes: None

The Board then turned to an application for Site Plan approval for Block 62.01, Lot 1, 101 Chestnut Court (site of Recreational area), Barclay Woods Condominium Association, Inc. to allow expansion of pool deck. Variance required for encroachment onto triangular area by street intersection.

Mr. Michael Landis, Esq. came forward to represent Barclay Woods Assn. and had two witnesses from the Association with him this evening. Mr. David Kilimon, a member of the Board of Trustees, was sworn in at this time; he told the Board he has been in charge of the pool area for the 8 years he has served as a Trustee.

Mr. Killmon said the reason for the expansion is convenience and safety. The pool is on the corner of Chestnut Court and Mountain Laurel Lane and parts of the fence line are narrow and the expansion will allow for better pedestrian flow, there have been times where a lot of people are in the pool area and the pool furniture can get very close to the pool making it difficult to walk around; they need a wider walkway for bathers.

At this time the hearing was opened to the public for questions only and, as there were none, that portion was closed. Mr. Robert Burdick, P.E. & P.P. then came forward as Engineer and Planner for this project. As he has testified before the Board before, they accepted him as an expert witness.

Mr. Rubino marked as Exhibit A-1 a mounted rendering of the site plan that was submitted with the application. Mr. Burdick explained that north of the pool is a wall by tennis courts and due east is the Clubhouse, this leaves a small and irregular area around the pool and this needs to be expanded. They plan to expand from the existing concrete and construct a wall, this will only be about 5 feet towards the west and a little less towards the south; they have no more area to work with.

Mr, Rubino asked about the encroachment into the site triangle and Mr. Burdick said the Ordinance requires a 25x25 foot site triangle and this would be difficult to provide around the area for the pool. The State rules are different and he commented that the speed limit here is 15 mph. The concern is coming up Chestnut Lane to Mountain Laurel Lane, but there is a speed bump which makes traffic even slower. He said the State rules say the triangle should be 20 x 60 feet and they have 20 x 80 feet so they exceed this. Sergeant Kitchenman, Traffic Safety Officer, wrote a report on this site plan application and had no problem with it.

Mr. Burdick had also. reviewed Mr. Hilla's review letter and went through the paragraphs; #1, they will alleviate the "low area", #2 a tree will be removed, #3 the fencing will comply, they may use different fencing that people will be able to see through, #4 is the site triangle issue, #5 this will be a 4 inch concrete patio, #5 additional block will be added. He commented that the only negative criteria here would be the site triangular but Brielle Police have no problem with it. The positive criteria is so people can enjoy the pool safely, no negatives there.

Mr. Langenberger felt this was needed but his concern is the 15 mph speed limit, as the Borough can't enforce it but Mr. Rubino said the Board can make it enforceable. Mr. Langenberger couldn't envision Police being there with a speed trap. He also commented that the wall looks like it would be higher than a vehicle, Mr. Burdick said the deck will be about 3.5-4 feet higher due to grade changes in this area.

Mr. Langenberger then asked how the determination is made as to the site triangle and Mr. Burdick said this would work with the speeds'that are set. Mr. Sarnasi asked how far the new deck is encroaching into the site area and Mr. Burdick said they are expanding as much as 7 feet further out at the worst and he noted the STOP sign will remain where it is. Mr. Sigler felt that, with this testimony, it appears that the new grade will not be much different and Mr. Burdick agreed. Councilman Garruzzo asked about how many square feet will be added and the answer was about 785.

At this time the hearing was opened to the public for questions to Mr. Burdick and, as there were none, that portion was closed and the hearing was again opened, this time for public comment. Ms. Gail Ward came forward and was sworn in; she used to be on the Board of Trustees and told the Board that for years she has been concerned as sometimes the chairs get within a foot of the pool; she felt this application should be approved as this is a safety issue here. Mr. James McNamara then came forward and was sworn in; he, too, was in favor of this application for safety reasons around the pool area. He walks this way 3 to 4 times a day and told the Board there is not much traffic. As there were no further comments, the open portion of the hearing was closed and the Board went into discussion.

Mr. Langenberger said he could see the need for this expansion and had no problems with the application. Mr. Sarnasi commented there is nothing worse than a crowded pool deck on July 4th As the rest of the Board members agreed with approval a motion was made by Mr. Langenberger to approve the application, as presented, this seconded by Mr. Harman and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, James Langenberger, Charles Sarnasi, Tim Sigler, Terre Vitale

Noes: None

Tuesday, March 8, 2011 OTHER BUSINESS:

The Board then turned to a discussion of "Dismissing Without Prejudice" the application for Variance for Mark Gatanis, Block 105, Lot 8, 1022 Riverview Drive. Mr. Condon asked if a motion was needed on this and Mr. Rubino said Mr. Gatanis was before the Board before the new year and needed to submit a newer plan and did not. Mr. Condon remembered the testimony given that Mr. Gatanis wanted to get this done before the winter set in and Mrs. Brisben said he couldn't get it done due to the massive snow that fell this winter.

Mr. Harman asked if he was still on a temporary CO and Mr. Langenberger said he stopped there the other day and he saw Mr. Gatanis who gave him permission to walk around. Mr. Langenberger felt it looked the same but the wall was now completed. Mayor Nicol made a motion to Dismiss Without Prejudice and this was seconded by Councilman Garruzzo with the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, James Langenberger, Charles Sarnasi, Tim Sigler, Terre Vitale

Noes: None

. The last item for the evening was to let the Board know that the Vice-Chairman, Thomas Heavey, has had to resign from the Planning Board; thus, a new ViceChairman is needed. Charles Sarnasi was nominated for this position but he asked if he could think about it for a month and it was left at that for this evening.

As there was no further business to come before the Board, a motion was made by Councilman Garruzzo to adjourn, this seconded by Mrs. Vitale and approved unanimously by the Board, all aye. The meeting was adjourned at 8:20 pm.
Kare1i S. Brisben, Recording Secretary Approved: