Borough of Brielle, NJ
| October 11, 2011
October 11, 2011
|BRIELLE PLANNING BOARD TUESDAY, OCTOBER 11, 2011
The Regular meeting of the Brielle Planning Board was held on Tuesday, October 11, 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, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson, Terre Vitale
Absent - None
Also present were Michael Rubino, Board Attorney, Clair Odud for Board Engineer Alan Hilla and Karen S. Brisben, Recording Secretary. There were 6 people in the audience.
Chairman Condon 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 September 13, 2011 meeting were approved on a motion by Mr. Langenberger, seconded by Councilman Garruzzo and approved unanimously by voice vote, all aye. Before proceeding further, Mr. Condon announced that the hearing scheduled for Brielle Holdings, LLC , 707 Union Avenue, to allow a dance studio has been postponed, by the applicant, to the November 8th meeting of the Board.
A letter was received from the Federal Energy Regulatory Commission regarding Hoffman's Marina, Overdue Progress Report. Mr. Langenberger said he had spoken to a representative of Hoffman's who stated they are not proceeding on the project at this time, thus there is no report.
The August 2011 issue of the New Jersey Planner was received and distributed.
A letter was received from Frank Accisano, Esq., regarding the Mariner's Bend appeal and the need for the Planning Board to authorize him to continue to represent Brielle for appeal purposes. As the Board members all felt this was in order and Mr. Accisano should continue with this appeal, a motion was made by Mr. Condon to authorize his representation, this seconded by Mayor Nicol and approved by unanimously voice vote, all aye.
The final correspondence was a letter from C. Keith Henderson, Esq. regarding members able to hear an application for the Manasquan River Yacht Club. After a poll was taken, there were 5 members on the Board who were not affiliated with the Yacht Club; it was decided that Council would have to appoint two more people to the Board for this hearing and the Board recommended several names of previous Board members who are familiar with the Planning Board process. Mr. Rubino was told to check with Mr. Montenegro, the Borough Attorney, before proceeding to make sure this was the proper way to do this.
The Board turned to the approval of a Resolution for Block 82.01, Lot 7, 711 Ashley Avenue, owned by Jim & Kim Nuccio, to allow construction of a pool. All Board members, as well as the applicants, had received a draft copy; as there were no recommendations or changes the following was presented for approval:
"WHEREAS, the Planning Board of Brielle, County of Monmouth and State of New Jersey has before it an application for a Use Variance for Jim & Kim Nuccio to construct a swimming pool at premises known as 711 Ashley Avenue, Block 82.01, Lot 7 in the Borough of Brielle, and a survey of the property having been prepared by Robert W. Post, PLS dated June 30, 2011 and a Pool Plan having been prepared by James L. Fichter, PE, dated July 18, 2011 and the Board having listened to the testimony of the applicant and the objectors, if any, 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 set forth above, and the Board having made the following findings of fact:
1. The applicant owns the premises located at 711 Ashley Avenue, Block 82.01, Lot 7 and requests to put in a 16'x32' inground pool with associated equipment and fencing at the rear yard of the property. There is a garage apartment at the premises which is nonconforming and not allowed in the zone.
2. The proposed pool installation will be fully conforming with the requirements of the Ordinance, however, Code Section 21-57 states that nonconforming uses shall not be enlarged, expanded or extended or be used as grounds for adding other structures. As the existing two-family use on the property creates a nonconforming use, the applicant needs a Use Variance to construct a pool.
3. The applicant resides in the front house and uses it for residential purposes. The garage apartment is rented. The Board is satisfied that the premises are not intensely used even with the garage apartment located on it. It should be noted that the garage apartment is not being altered with this addition. There. was testimony given that the pool will be used only by the owners of the front house and not in conjunction with the garage apartment. The Board further finds that there is sufficient area in the yard for locating the pool and it will not infringe on light, air or open space.
4. The Board, therefore, finds that the property is uniquely suited to have a pool located on it. The Board further finds that adding a pool to the property will not have a negative effect on the neighboring properties.
5. The Board finds that the positive and negative criteria necessary to support the granting of the "D" Variance have been satisfied. With regard to it, the Board finds that the positive criteria was satisfied as a result of the particularly suited use for the pool at the site and because the property has been used for residential purposes and the addition of the pool will not change that. The Board finds no detriment will result from the granting of the application. The Board also finds that there will be no adverse impact on the surrounding properties as a result of the granting of the application.
With regard to the negative criteria, the Board finds that there will be no substantial detriment and no substantial impairment of intent and purpose of the Zone Plan and Zoning Ordinances of the Borough by the granting of this application.
WHEREFORE, 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) and that steps also be taken as may be deemed necessary by the Borough Committee to place the responsibility of same financially and otherwise upon the applicant and the principals involved as well as his heirs, successors and assigns."
The above Resolution was approved on a motion by Mr. Sigler, seconded by Mr. Stenson and approved by the following roll call vote:
Ayes: James Harman, James Langenberger, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson
Not Eligible to Vote: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, Terre Vitale
The Board then turned to an application for Variance for Block 24.01, Lot 11, 523 Longstreet Avenue, owned by Nicholas Burbelo & Natalie Brick, to allow construction of a full second floor dormer addition, a deck addition above the existing garage and a new roof structure above the rear sunroom. Side Yard Setback - 10 feet required, 8.0 feet proposed to second floor dormer addition, 2 foot variance requested; 8.5 feet proposed to second floor deck addition above garage, 1.5 foot variance requested.
Fees were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified. Mr. Nicholas Burbelo came forward and was sworn in. He said they wish to put a full dormer on the back of the existing home but the home is already over on setbacks; they are going straight up and will not extend further out. He said the same can be said for the sun deck over the garage, they are going up with no extension of the existing footprint.
There were no Board questions and Mr. Condon noted this was a straight forward application with no encroachments over the existing nonconformities. Mr. Condon then opened the hearing to the public for questions and, as there were none that portion of the hearing was closed.
Mr. Rubino wanted confirmation that the plans presented for 523 Longstreet Avenue are the plans that the construction will be consistent with and Mr: Burbelo confirmed they are the same.
Mr. Langenberger commented that he was fine with this application, he saw the property and Mr. Sigler felt it will fit right in with the neighborhood.
The hearing was again opened to the public, this time for general comments, and, as there were none that portion was closed. Mr. Langenberger then made a motion to approve the application, as presented, this seconded by Councilman Garruzzo 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, James Stenson, Terre Vitale
Not Eligible to Vote: John O'Donnell (Alternate member)
The next item on the agenda was an application for Change in Grade and Retaining Walls for Block 59, Lots 16, 16.01, 17, 17.01, known as 18 Crescent Drive, owned by Doane & Kathie Kelly. Board approval was previously received for a change in grade of 32 feet, applicant wishes to increase this by an additional maximum of 3.4 feet with 16,983 cubic feet of fill. Walls/Fences maximum allowed 6 feet, nearly all proposed fence/wall system will exceed 6 feet by up to 2.5 feet.
The fees were paid, taxes are paid to date and property owners within 200 feet as well as the newspaper were properly notified. Before this hearing started, Mr. Condon, Mr. Harman and Mr. Sarnasi all had to recuse themselves from participating in this application.
Mr. Mark Aikens, Esq. came forward to represent the Kellys. He said this property was approved for a variance for change in grade back in 2009, however, they now have to put in additional soil/fill. He asked Mr. Jason Fichter to come before the Board and be sworn in so he can explain this.
Mr. Fichter was then sworn in, he made the plans that were submitted to the Board and which were marked as Exhibit A-1. He is a Licensed Professional Engineer and Professional Planner in N.J. and has been before many Boards as well as this one. The Board was familiar with Mr. Fichter and accepted him as an expert witness.
He said that since the original plan they had the bulkhead replaced which required DEP approval. The DEP wanted the bulkhead raised up 22 inches and this created the need to raise the grade of the yard. The Engineer's report of 9/16/11 says the difference from what was approved and what is proposed is 629 cubic yards of fill. Mr. Fichter had a discussion with Mr. Hilla regarding the impact to the neighbors and explained to the Board the lot to the west has a swale by it so that neighbor is protected. The other side of the lot is Donnelly Place and water will run off that into the Manasquan River. There are existing retaining walls on the property that were old and have to come out. There will be a new wall and fencing (to enclose the pool) and a couple of areas will be over the 6 feet due to the need for more fill. He said the fence itself will not be over 6 feet, it's the fill that will take it over the maximum; the rear yard is enclosed.
Mr. Aikens asked Mr. Fichter if he saw any detrimental impact and Mr. Fichter said there will be no impact as there are no changes to the front yard and this will not be detrimental to the Zoning Ordinance.
Mr. Langenberger said he wasn't concerned about the neighbor to the west but Donnelly Place is blacktopped and he was concerned about the runoff there. Mr. Fichter said there will be a smaller amount of runoff after this work and there will be no erosion; as far as the bulkhead, it is not on the Mean High Water Line. Mr. Langenberger asked about the fencing and will it enclose the whole yard and Mr. Fichter said it will be cantilevered out 12" over the bulkhead. Mr. Langenberger said he just did not want to see someone jump over the wall and that will not happen with this type of fencing.
As there were no further Board questions, the hearing was opened to the public for questions and, as there were none, that portion was closed and the Board went into comments. Mr. Langenberger did not have a problem with this and felt it will flow with the property. Mr. Sigler felt the fill was necessary and he, also, did not have a problem.
As there were no further Board comments, the hearing was opened again to the public, this time for comments and, hearing none, that portion was closed. As all Board members were in agreement with approving this application, as presented, a motion was made by Councilman Garruzzo to do this, this seconded by Mrs. Vitale and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Langenberger, John O'Donnell, Charles Sarnasi, James Stenson, Terre Vitale
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 7:55 pm.
Karen S. Brisben, Recording Secretary