Borough of Brielle, NJ
| September 13, 2011
September 13, 2011
|BRIELLE PLANNING BOARD TUESDAY, SEPTEMBER 13, 2011
The Regular meeting of the Brielle Planning Board was held on Tuesday, September 13, 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, James Harman,- James Langenberger, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson
Absent - Thomas Condon, Terre Vitale
Also present were Michael Rubino, Board Attorney, Claire Odud, Board Engineer for Alan Hilla, Jr. and Karen S. Brisben, Recording Secretary. There were 4 people in the audience.
Vice-Chairman Stenson 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 August 9, 2011 meeting were amended to show that John O'Donnell was present and the amended Minutes 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 Block 1.01, Lot 8, 401 Lenape Trail, owned by James Barrett, to allow construction of a new front porch to an existing dwelling.
As all Board members, as well as the applicant, had received a draft copy and there were no changes or recommendations, the following was presented for approval:
'WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey has an application for variance relief before it on behalf of Jim Barrett for front yard setback of 12.5 feet whereas 30 feet are required to construct a new front porch addition to the principal structure at the referenced property, and the applicant having appeared before the Board on August 9, 2011, and at that time the Board having listened to the testimony offered on behalf of the applicant and of objectors, if any; and the applicant appearing pro se,
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 set forth above, and the Board having made the following findings of fact:
1. The property in question is located at 401 Lenape Trail, Block 1.01, Lot 8 and lies within the Borough's Residential Zone (R-3). The applicant proposes to construct an addition in the front yard at 12.5 feet where 30 feet are required. A variance is required for this.
2. In support of its application, the applicant submitted a package containing architectural plans (2 sheets) prepared by Robert M. Braun, R.A., revised May 23, 2011 and a Survey prepared by Joseph L. Lazok, PLS, dated August 11, 2004 depicting the proposed improvements.
3. At the hearing the applicant testified that the home is an older home having been built around 1930 and is in need of updating both structurally and aesthetically. The updating of the house will make it more livable and more consistent with the balance of the neighborhood.
4. The house itself is in the nature of a summer cottage and presently sits to the rear of the subject property. The applicant does not want to take down the house and put up a new one. As stated, the applicant wants to set the porch at 12.5 feet. It should be noted that the area of the new porch and the setback is not great, being approximately 72 square feet. It should also be noted that when the porch is built it will be 25 feet from the edge of the pavement.
5. The applicant has agreed that the addition will be a one-story addition and
that the addition will not be enclosed in the area of the setback violation.
6. The Board finds that the proposed porch will enhance the look and livability of the house and make the house more attractive to the neighborhood.
7. The Board finds that the location of the porch will not impinge on the light, air or open space of the neighbors in the area.
8. The Board finds that a hardship exists at the site because of the location where the existing house is located. The Board finds that it would be difficult to add a conforming addition to the premises without asking for a variance relief.
9. The Board also finds justification under the C-2 Section of the Statute as the addition will enhance the aesthetics of the premises. The Board finds that the applicant has demonstrated that the purposes of the MLU&L will be advanced by the deviation from the Zoning Ordinance and that the benefits of such deviation will substantially outweigh any detriment resulting from a grant of this application.
10.The Board finds that the granting of relief is consistent with the Master Plan of the Borough and is not repugnant to the Ordinances of the Borough. The Board further finds that the granting of said relief will not negatively impact the surrounding properties.
WHEREAS, the Planning Board of the Borough of Bridle, County of Monmouth, State of New Jersey, does hereby resolve to grant a variance for front yard relief for 12.5 feet where 30 feet are required, to Jim Barrett for premises known as 401 Lenape Trail, Block 1.01, Lot 8. Said relief shall not be granted until such time as the applicant has met the following conditions:
1. Payment of all fees and taxes to date.
2. The addition shall not be enclosed in the setback.
3. The addition shall be limited to a one-story addition and there shall be no
further construction in that area of the home without further Board approval.
4. Satisfaction of all outside approvals as deemed necessary by the said Board Engineer."
A motion to approve the above Resolution was made by Mayor Nicol, seconded by Councilman Garruzzo and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Harman, James Langenberger, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson
Vice-Chairman Stenson announced that the application for the Brielle Sports Club, 629 Higgins Avenue, to construct an indoor swimming facility had been withdrawn by the applicant. Mrs. Brisben advised the Board that no new application had been submitted as yet and will be subject to another full review when that happens, no date has been set for this to be heard at this time.
The Board then turned to an application for a Use Variance for Block 82.01, Lot 7, 711 Ashley Avenue, owned by Jim & Kim Nuccio, to allow installation of a 16'x32' inground pool & associated equipment & fencing in the rear yard. Existing two family use - Use Variance required to allow expansion of existing nonconforming use.
Before this started, Mayor Nicol & Councilman Garruzzo had to recuse themselves and step off the dais as this is a Use Variance and they are not eligible to hear this.
Mr. Rubino told the Board that Mr. Hilla had called him on this matter and questioned if this is a Use Variance or not; this is a two family home and they want to put in a pool. However, as it is a two family property it becomes a nonconforming use and they agreed that there is a need for a Use Variance and five affirmative votes will be needed for it to be approved.
Ms. Kim Nuccio then came forward and was sworn in. She explained that when they purchased the property it was essentially two lots but since that time they have been merged. The back yard is flat and backs up to 4 other back yards; she lives in the front house with her husband and three children and the garage apartment is in the rear and is rented. She said the pool will be used by her family only and would appreciate approval for the Use Variance.
Mr. Langenberger said he has known this property for years and felt the back yard was perfect for a pool; he had no problem with the application. Mr. Sigler commented that even the pool filters will not bother anyone; Mr. O'Donnell felt it was a straightforward application. Mr. Sarnasi asked if the garage apartment was rented year around and the answer was yes, usually tenants stay for several years.
As all Board members were in favor of granting this variance request, Mr. Langenberger made a motion to approve this application, as presented, this seconded by Mr. Harman and approved by the following roll call vote:
Ayes: James Harman, James Langenberger, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson
The next item under New Business had to be postponed until the October meeting due to the fact that the applicant did not get the notices out in time (at least 10 days before the meeting date). The Board was agreeable to carry this matter to October 11th with proper notice being given.
Mr. Mark Aikens, Esq. was in the audience and asked to come forward to address the Board, he wanted clarification on a Resolution issue from 2007. Mr. Langenberger did not feel the Board should entertain this as they have no paperwork on this matter.
While the Board did not have any application on this and it was not on the agenda, Ms. Odud did say she was aware of the concerns, the original plan for the Kelly family on Crescent Drive included adding fill to the property, however, they now have to increase the amount of fill they are putting in. Mr. Rubino was also familiar with this and spoke to Mr. Hilla who said that additional plans had to be submitted to him and new plans should be submitted to the Board for approval; he explained that the Board relies on Mr. Hilla's recommendations.
Mr. Aikens said he was not aware of this and if he had known it would have been done. He said he wrote to the Board for the matter to be considered at the August meeting. Mrs. Brisben said she did give out copies of his letter to the Board and the discussion is included in the August Minutes that were approved this evening, Mr. Aikens letter did not arrive until the day before the meeting and the agenda is set the week before. She then referred to the last paragraph of the August 9th meeting where the Board agreed that new plans need to be submitted, this after a discussion with Mr. Hilla that evening. Mr. Hilla said he was going to contact the Engineer for this project and let him know of the Board's decision; Ms. Odud said that was done and the Engineer was contacted.
Mr. Rubino suggested to Mr. Aikens that they get a new application in as soon as possible so it can be put on the agenda for a Board hearing as soon as possible.
As there was no further business to come before the Board, a motion was made by Mr. Harman to adjourn, this seconded by Mr. Stenson and approved unanimously by the Board, all aye. The meeting was adjourned at 7:47 pm.
Karen S. Brisben, Recording Secretary