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A Community by the River

Borough of Brielle, NJ


December 13, 2011

January 27 2012

December 13, 2011

BRIELLE PLANNING BOARD
TUESDAY,. DECEMBER 13, 2011

The Regular meeting of the Brielle Planning Board was held on Tuesday,December 13, 2011- at 730 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, Janes Harman; James Langenberger, Charles-Sarnasi, James Stenson, Terre Vitale

Absent - John O'Donnell, Tim-Sigler

Also present were Frank Accisano, Alternate Board Attorney, Alan Hilla, Jr., Board Engineer and Karen S. Brisben, Recording Secretary. There were 3 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 November 8, 2011 meeting were approved on a motion by Mayor Nicol, seconded by Councilman Garruzzo and approved unanimously by voice vote, all aye.

CORRESPONDENCE:

The Board had all received a copy of a letter from Michael Ping, complaining about the parking at the Dance for Joy business. Mr. Langenberger, a Board member and also the Code Enforcement Officer, addressed the Board and told them he had sent a letter to Mr. Ping on this issue;. a copy of the letter was seen by Mr. Condon and he agreed that a proper answer was given to Mr. Ping.

OLD BUSINESS:

The Board then turned to the approval of a Resolution for Block 62.02, Lot 1, 810 Rathjen Road, owned by James and Susan Stenson, to allow construction of a screened rear porch.

As all Board members, as well as the applicants, had received a draft copy of the Resolution 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, State of New Jersey has before it an application on behalf of James E. Stenson and Susan G. Stenson for bulk variance relief for rear yard setback whereas 23.5 feet is proposed and 40 feet is required, for 810 Rathjen Road, said premises being located in the R-2 Zone and a survey prepared by Joseph Lazok, PLS, dated October 9, 1998, with depictions of the proposed improvements having been submitted and the applicant requesting permission to enclose a wood deck at the premises, which deck is located in the setback and set at 23.5 feet whereas 40 feet is required, and the applicant having been represented by themselves, Pro Se, and the Board having held an open public hearing on the matter on November 8, 2011 and no objectors appearing; 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 applicant has owned the premises since 1998. The premises are located on Rathjen Road and sit 40 feet off Rathjen Road, The premises have front setbacks of 41.77 feet, 50.23 feet, ,a side setback of 36.98 feet and a rear setback of 23.5 feet. The Board also notes that the rear of the premises in which the proposed enclosure is requested is a wooded area and enclosing the deck will not negatively impact the neighbors in the area. The Board also finds that there is sufficient light, air and open space at the property due to the existing enhanced setbacks.
2. The applicant testified that the addition will be a screened-in porch which will be built over a portion of the existing deck. The applicant also testified that there will be no heat in the proposed enclosed area. The applicant testified that it is requesting the relief because during the summer, when the applicant uses that area of the structure, there are a lot of mosquitoes in the area which make it difficult to enjoy the use of the deck. Their intent in the addition is to be able to increase their use of the yard. The Board notes that the proposed addition is over a portion of the existing deck so that area of the property is already being used.
3. The Board is satisfied after listening to the testimony of the applicant along with looking at the plans submitted that the proposal is minor in nature and that if granted-the improvements will not negatively impact the surrounding area. The Board also finds that because of the layout of the existing site that there is adequate light, air and open space at the site. The Board also finds that the relief requested will not negatively impact the Borough's Ordinance or the Master Plan.

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. It should be noted that the Board finds that the building pre-dates the site plan Ordinances of the Borough and that the building and structures at the site exist there lawfully.
(b) 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 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 relief to James F. Stenson and Susan G. Stenson for premises known as 810 Rathjen Road in the Borough for variance relief.

General Conditions

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.
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 he receives his 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 and/or 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, another governmental agency grants a waiver or variance of a resolution, which same affects this approval or any condition attached hereto; or otherwise requires anyichahges 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.

SPECIFIC CONDITIONS

1. The porch addition shall not be permanently enclosed.

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 that steps also be taken as may be deemed necessary by the Borough to place the responsibility of same financially and otherwise upon the Applicant and the principal involved as well as his heirs, successors and assigns."

The above Resolution was approved on a motion by Mrs. Vitale, seconded by Mr. Harman, and 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: James Sterison

The Board then turned to the approval of a Resolution for Block 66, Lot 2, 707 Union Avenue, owned by Brielle Holdings, LLC (applicant - Kelly Ann McEvoy), to allow a Dance Studio.

Before voting on this, Mr. Langenberger noted that the striping and signs have been done in all areas except for the signage for the handicapped parking spaces; Mr. Hilla agreed this should be addressed and he was going to write a letter to the owner, Mr. Buckman, informing this has to be done.

As all Board members, as well as the owner of the property, the applicant and their attorney, had received a draft copy of the Resolution 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, State of New Jersey has before it an application for Site Plan along with Use Variance and parking variance for Kelly Ann McEvoy for permission to put a dance. studio at the Brielle Galleria located at 707 Union Avenue (rear building) saiipremises being known as Block 66, Lot 2-and the applicant having been represented by Michael Landis, Esq., and a Minor Site Plan package being utilized having'been prepared by-Glenn D. Lines, P.E. dated August 7, 2007, revised October 18, 2007 and the applicanthaving appeared before the Board and presented its evidencerin support of the application at the November 8, 2011. hearing and at that time the Board having listened to the testimony-offered on behalf of the applicantarrd objectors, if any;"and

WHEREAS, the Board has jurisdiction of the matter as a result of the applicable Ordinances of the Boroughw 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 applicant, Kelly A. McEvoy, proposes to use a portion of the premises .located at 707 Union Avenue (rear building), said premises being known as the Brielle Galleria, for a Grace Kelly Dance Studio. Per Code Section 2118.2, which lists permitted uses in the C-1 Zone, dance. studios are not allowed, and therefore this variance is required for the proposed use. In addition thereto, Code Section 21-32.2 establishes need for off-street parking and the Board Engineer has determined that the site is 8 spaces deficient in parking requirements for the proposed use.
2. Ms. McEvoy testified that the size of the space that she wilt be taking is 1,257 square feet. As a result, at the hearing, the Board through its Engineer determined that 4 additional spaces would be needed, not 8.
3. In addition thereto, Ms. McEvoy testified that she proposes to teach dance for children at the site. She will utilize one of the back buildings at the location. The type of dancing she will teach is ballet, tap dance and jazz. It is her intent to have 5 to 12 students per class and the largest class will be approximately 12 to 14 students. The classes last approximately one (1) hour. The classes will first start at 4 p.m. with the last class starting approximately 7 p.m.: She estimates that there will be 4 to 5 classes per day, with some earlier classes taking place between 9:30 a.m. and noon on the weekends.
4. Ms. McEvoy presently runs a dance studio in town and has done so for two years, so she is familiar with the proposed use. She testified that she does not anticipate any parking problems at the site as the students are dropped off and the parents. rarely stay for the entire class. She also testified that the parents frequently car pool the children to the site which also helps alleviate any traffic and parking issues. She also testified that she has, beside herself, normally, only one employee to help with the classes. She further testified that there will be no retail sales at the site.
5. The Board is satisfied after listening to Ms. McEvoy's testimony that-the proposed use is compatible with the other uses at the site and also with the other uses of the zone. The Board is also satisfied and believed Ms. McEvoy that with respect to her proposed use of the premises will not cause a parking problem or a traffic problem. Same is conditioned-upon no class being larger than 14 students per class and that there shall be only one class permitted at the site at the same time.
6. The principal owner further testified that he agreed to revise the striping and markings at the site so: that there Will be -a cleat one Way in and-one-way-out and there will also be a sign at the site identifying tenants in this proposed complex. The owner also testified that there is a fence along the site and that if it is determined that if it is on his property or the Borough's property that the fence will be fixed as determined by the Board Engineer.

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 following:

(a) The Board finds that the positive and negative criteria necessary to support the granting of both the "D'" Variance and the "C" Variances have been satisfied. With regard to the "D" Variance, the positive criteria was satisfied as a result of the particularly suited use for the building. The negative criteria were satisfied as the Board finds no detriment as a result of the granting of the application. The Board also finds that there will be no adverse impact as a result of the granting of the application.
(b) With regard to the negative criteria for both the "C" and "D" Variances, 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.
(c) With regard to the "C" Variances, the Board finds the following:
(i) 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 regulation would result in peculiar and exceptional practical difficulties, to, or exception and undue hardship upon the applicant.
(ii) 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 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.

WHEREFORE, BE IT RESOLVED that the Planning Board of the Borough of Brielle hereby grants Minor Site Plan approval along with the Use Variance and bulk variances as specified herein. The maps cannot be signed until the following conditions are met:

GENERAL CONDITIONS

1. Subject to the development here at:issue being undertaken in accordance with the testimony presented to the Board and the plans submitted tolapproved by the Board.
2. Subject to the testimony of all witnesses called on behalf of the applicant being true. and accurate.
3. Subject to the application, all attachments thereto,-arid-511 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 A4 current quarter and through the quarter in which he receives his 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, required performance bonds and/or guarantees; as-well as engineering and inspection fees, yin amounts;fixed by the Board and/or Borough Engineers, and in such form as shall be. acceptable to the Borough Attorney and Governing Body.
6. Subject to the applicant obtaining and complying with the approval of any other reviewing agency having jurisdiction over the property and/or the 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.

SPECIFIC CONDITIONS

1. There shall be 14 maximum students per class.
2. No more than one (1) class allowed at the site at any particular time.
3. The owner shall make revisions to the striping at the premises per the directions of the Board Engineer.
4. If the fence at the property either lies on owner's property or on the
Borough's property then the fence shall be fixed as a condition of
this Resonation of Approval per the direction of the Board Engineer.
5. Any expansion of the proposed dance studio shall require a return
to the Board for approval.

BE IT FURTHER RESOLVED that as this application for development proceeds,
the Land Use Office of the Borough may, upon the request of the applicant and with the written advice of the Board Engineer, grant such changes as are necessary with respect to the approved Site Plan and improvements related thereto that are not substantial and the Board does hereby authorize the Land Use Officer with the advice of the Board Engineer to take such steps as are appropriate to protect the integrity of the Site Plan approval being herein conditionally granted and to insure compliance With the Borough of Brielle Land Use and Development Ordinances and the Mt. Laurel requirements as well as compliance with the Borough Affordable Housing Trust Fund. Any substantial deviation in the opinion of the Engineer and/or Land Use Officer shall require a revised Site Plan application and plat to be submitted to this Board for its review and approval. Any non-substantial and/or minor changes permitted. shall be.placed upon a revised Preliminary Plat withsame being signed and dated by the applicant and the applicants Engineer, as well as the Board Engineer and Land Use Officer indicating the changes made with the original being filed With the Land Use Office and a copy filed with the Land Use Office. and,the,Planning Board Secretary and, the Borough/Board Engineer. It is to be understood that with respect to any minor changes and/or deviations approved by this procedure herein set forth that same not in. any way extend any applicable time limits with respect to final major subdivision approval that may exist according to law.

BE IT FURTHER RESOLVED-that in the event the conditions set forth in this Site Plan approval are not met by December 2013, with the Site Plan having been executed by said date, then this application shall be listed on the Planning Board agenda for the meeting of the following month for dismissal without prejudice unless the Applicant offers appropriate reasons for the delay, all of which may be considered at the discretion of the Board. It should be understood that this time limit, of an administrative nature herein, is not a representation or guaranty by the Planning Board as existing State Law may affect same and it continues to be the Applicant's sole responsibility and obligation to comply with applicable law.

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 that steps also be taken as may be deemed necessary by the Borough to place the responsibility of same financially and otherwise upon the Applicant and the principal involved as well as, his heirs, successors and assigns."

A motion to approve the above Resolution was made by Mrs. Vitale, seconded by Mr. Harman and approved by the following roll call vote:

Ayes: Thomas Condon, James Harman, James Langenberger, Charles Sarnasi, James Stenson, Terre Vitale

Noes: None

Not Eligible to Vote: Mayor Thomas Nicol, Councilman Frank Garruzzo
EXECUTIVE SESSION:

The following Resolution was read to allow the Board to go into Executive Session:

"WHEREAS, the Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, the Brielle Planning Board is of the opinion that such circumstances presently exist,

NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle on December 13, 2011, as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter(s).
2. The general nature of the subject matter to be discussed is as follows: Pending Litigation.
3. It is anticipated at this time that the above stated subject matter will be made public the near future."

A motion was made by Councilman Garruzzo to accept the above Resolution, this seconded by Mr. Stenson and approved unanimously by voice vote, all aye. The Executive Session started at 7:40 p.m.

The Board came out of Executive Session at-8:14 p.m. on a motion by Mayor Nicol, Seconded by Mrs. Vitale, approval by unanimous voice vote, all aye..

OTHER BUSINESS:
Mayor Nicol wanted to speak to the Board members about a problem he was having with getting alternate members to hear the Yacht Club and Golf Club applications scheduled for the January meeting. It was decided that, if there was a problem, Mr. Rubino should be contacted on how to proceed.
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 8:15 pm.
Karen S. Brisben, Recording Secretary

Approved:

 

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