Borough of Brielle, NJ
| January 10, 2012
January 10, 2012
|BOROUGH OF BRIELLE
TUESDAY, JANUARY 10, 2012
The Reorganizational meeting of the Brielle Planning/Zoning Board was held on Tuesday, January 10, 2012 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 B. Nicol, Councilman Frank A. Garruzzo, Thomas Condon, James Langenberger, Gina Murdoch, John O'Donnell, Charles Sarnasi, Nicholas Stango (arrived 7:45), James Stenson, Spencer Thornton, Terre Vitale
Absent - James Harman, Tim Sigler
Also present were Frank Accisano and Michael Rubino, Board Attorneys, Claire Odud of Birdsall Engineering and Karen S. Brisben, Recording Secretary. There were approximately 30 people in the audience.
Mr. Condon opened the meeting and declared a quorum present. He announced that, in compliance with the Open Public Meetings Act, notice of this Body's meeting had been given to both the Asbury Park Press and the Coast Star newspapers.
The following appointments were then made:
Class I - Mayor Thomas B. Nicol through 12/31/12
Class II - James Langenberger through 12/31/12
Class III - Frank A. Garruzzo through 12/31/12
Class IV - James Harman through 12/31/15
Class IV - Terre Vitale through 12/31/15
Alternate #2, Gina Murdoch through 12/31/13
Alternate #3, Nicholas Stango through 12131/13
Alternate #4, Spencer Thornton through 12/31/12
Mr. Rubino swore in all the members (other than Mr. Harman who was absent) and congratulated them on their new terms.
It was then time for the election of officers for the year 2012. Mr. Langenberger nominated Thomas Condon to the position of Chairperson, this seconded by Councilman Garruzzo. As there were no other nominations this was closed and Mr. Condon was elected Chairperson by unanimous vote, all aye, no nays. Councilman Garruzzo then nominated James Stenson to the position of Vice-Chairperson, this seconded by Mr. Condon. As there were no other nominations this was closed and Mr. Stenson was elected Vice-Chairperson by unanimous vote, all aye, no nays. Councilman Garruzzo then nominated Terre Vitale to the position of Secretary of the Board, this seconded by Mr. Condon. As there were no other nominations this was closed and the Mrs. Vitale was elected by unanimous vote, all aye, no nays.
The position of Administrative Secretary and Recording Secretary for the year 2012 was then considered as an appointment and Councilman Garruzzo made a motion to appoint Colleen Castronova as Administrative Secretary and Karen S. Brisben as Recording Secretary, this seconded by Mayor Nicol and unanimously approved, all aye, no nays.
The following Resolutions were then read into the record:
BOARD ATTORNEY & BOARD ENGINEER
"WHEREAS, N.J,SAA. 40A11-5(1)(a)(i) permits the Planning Board to award a professional services contract without public advertising for bids and bidding; and
WHEREAS, the Brielle Planning Board has determined that there is a need for legal services and engineering services during the 2012 calendar year; and
WHEREAS, the Brielle Planning Board has determined to provide the need to acquire legal services and engineering services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5: and
WHEREAS, the Chief Finance Officer of the Borough of Brielle has determined to certified in writing that the value of the legal services and engineering services may exceed $17,500; and
WHEREAS, the term of these contracts are one year (January 1, 2012 to December 31, 2012); and
WHEREAS, Michael Rubino has proposed to provide legal services and Alan Hilla, Jr. of Birdsall Services Group has proposed to provide engineering services; and
WHEREAS, both Mr. Rubino and Mr. Hilla have completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to any political or candidate committee in the Borough of Brielle in the previous year, and that the contracts will prohibit them from making any reportable contributions through the term of the contracts; and
WHEREAS, a certification as to the availability of fonds executed by the Chief Finance Officer is attached to this Resolution pursuant to the provisions of N.J.A.C. 5:30-4;
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle that:
1. The Business Disclosure Entity Certification of both Mr. Rubino and Mr. Hilla as well as the Determination of Value Certification of the Chief Financial Officer shall be filed in the office of the Municipal Clerk and shall be available for public inspection.
2. The Planning Board is hereby authorized and directed to execute a contract with Mr. Rubino to provide legal services and Mr. Hilla to provide engineering services for the 2012 contract year.
3. A notice stating the nature, duration, service and the amount of this contract shall be published in the Coast Star and this Resolution shall be maintained on file and available for public inspection in the office of the Board Secretary.
4. A certified copy of this Resolution shall be sent to Mr. Rubino and Mr. Hilla."
"WHEREAS, an act of the Legislature known as the "Open Public Meetings Act" enacted October 21, 1975, requires that advance notice be given of all regularly scheduled meetings of the Zoning Board of Adjustment of the Borough of Brielle, this act becoming effective January 19, 1976,
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle that:
1. The regularly scheduled public business meetings of the Brielle Planning Board shall be held in the Borough Hall, 601 Union Lane, at 7:30 p.m. on the second Tuesday of each month. Work Sessions, if needed, will be held at 7:00 p.m. on the same night.
2. A copy of this Resolution shall be posted on the public bulletin board in the Borough Hall and published in one of the official newspapers of the Board."
"RESOLVED, that the Asbury Park Press & the Coast Star are designated at the official newspapers for publishing legal notices of the Brielle Planning Board."
A motion was made by Mayor Nicol to approve the above Resolutions, this seconded by Mrs. Vitale and approved unanimously, all aye, no nays.
The Minutes of the December 13, 2011 meeting were unanimously approved on a motion by Mrs. Vitale, seconded by Councilman Garruzzo and unanimously approved, all aye, no nays.
A request for an extension was received from Richard & Myra Strucek to extend subdivision approval for 528 Longstreet Avenue. Mr. Rubino said this subdivision approval is under the Permit Extension Act so they still have another 3 years to perfect the subdivision, however, he recommended a letter be written to them to ask again for this extension at the end of this year in case the Permit Extension Act ends earlier at the discretion of the State.
A letter of complaint was received from Michael Ping regarding parking conditions at the Dance for Joy site at the Alpha/Omega building on Route 70 & Old Bridge Road. Mr. Condon noted this is a matter for the Police or Zoning Officer and not the Planning Board.
A copy of a notice to the D.E.P. was received regarding Hoffman's Marina Dock "B" replacement.
On file in the Board Office: Panhandle Region Plan from the Monmouth County Planning Board.
The last item was correspondence from Frank Accisano, Esq. and this will be addressed under Executive Session which will commence after the first two applications are heard.
As there was no Old Business to attend to, the Board then turned to an application for Variance relief for Block 12, Lot 2.01, 60g Legg Place, owned by Michael & Amy Perry, to allow construction of a roof over an existing rear porch. Building Coverage - 20% allowed, 20.3% proposed, .3% variance requested.
The application fees were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified. Mr. Michael Perry came forward and was sworn in and explained to the Board they need coverage over their back porch to protect them from the snow, rain & ice; he also felt this will improve the appearance of this area and will be welcome to dry the dogs' pads after being outside.
Mr. Condon asked if they intend to enclose this area and the answer was no. Mayor Nicol asked if this area will ever be heated and again the answer was no. As there were no further questions from the Board, the hearing was opened to the public for questions. As there were none that portion was closed and opened again for general comments; again there was no response so that portion was closed.
As all the Board members were in favor of this application, a motion was made by Councilman Garruzzo to approve this, as presented, with the stipulation that this porch never be enclosed, this motion seconded by Mrs. Vitale and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, John O'Donnell, Charles Sarnasi, James Stenson, Terre Vitale
Not Eligible to vote: Gina Murdoch, Nicholas Stango, Spencer Thornton (Alternate members)
The Board then turned for the application for Site Plan approval for Block 90, Lot 1 & Block 91, Lot 1, 843 Riverview Drive, Manasquan River Golf Club, to allow construction of a two-story addition to the existing clubhouse & a new patio. Variance requested for parking issue (Engineer's report of 12/20/11, page 3, Code Section 2132.3).
Board fees were paid, taxes are paid to date and property owners within 200 feet as well as the newspaper were properly notified. Richard Haines, Esq. came forward to represent the Golf Club. He had experts to testify and the first to be called was Christopher Rice, who is a Trustee of the Club.
Mr. Rice explained the Club has a growing need for casual dining, they have a Men's Grillroom and main dining room; if you look out of the dining room there is a patio and they want to use that for a mixed use casual dining room. They plan to enclose part of the second floor for this use also, they are "repurposing space".
Mr. Rubino asked if they ever use up all the available parking spaces and Mr. Rice said maybe once a year and then the valets park on the grass. Councilman Garruzzo wanted to know what will happen to the Grillroom and Mr. Rice said they probably will make the locker room bigger and use that space.
At this time the hearing was opened to the public for questions to Mr. Rice and, as there were none, that portion was closed.
The next witness to speak was Stephen Claridge, Architect from Shore Point Architecture, P.A., Ocean Grove who was accepted as an expert witness. He presented Exhibit A-1, a colored rendering of the site plan. He said the property addition will be to the west side of the club in the location of the existing patio; there will be a second story area as well. The driveway will be widened here for access to the new space for dropping off people and there will be a basement under this which will be used for a storage area.
He then presented Exhibit A-2, the proposed floor plan and explained there will be a new bar and new outdoor dining terrace, along with a new bathroom and coat room and this can be entered through the main dining room as well. The square footage of this addition is 3,502 for the first floor. Exhibit A-3 was the second floor roof plan and there will be an elevator to get here if one chooses but there are two sets of stairs. This second floor area will be almost 5,000 square feet as it will cover a small portion of the main dining room and there will be a bar and table; they plan to use retractable awnings and he noted there is also service access from the second floor to the kitchen,
Exhibit A-4 was a computer drawing of what this will look like when done. The old building has a farmhouse look and they wanted to keep this motif so the new addition will be of brick also and a gable will be put in to match the existing gable. There will be a low brick wall with a stone cap, about two feet high. There will be a trellis on the second floor and they will be able to close off part of the second floor for the winter.
Mrs. Murdoch was concerned about this expansion and will the new addition be used for events also; she asked about the impact of music, noise, etc. Mr. Rice answered and said what presently occurs on the patio will continue, many use it as a pre-party area before going inside to the main dining room.
Mr. O'Donnell asked about seating and Mr. Claridge said there be seating for 85 people but the total can go to 200, the seating may increase but not the membership, that will not increase. There is adequate room for events such as weddings, the same as there is now.
Councilman Garruzzo asked about the square footage of the new patio and was told it will be smaller than the existing patio, approximately 1,700 square feet.
Mr. Sarnasi asked if there is an exterior stairwell for fires and Mr. Claridge said yes, there are two sets of stairs; the entire structure is code compliant and will be fully sprinkled.
As there were no further questions from the Board the hearing was opened to the public for questions and, as there were none, that portion was closed.
Mr. Michael Zusack, the Chief Operating Officer of the Golf Club, then came forward and was sworn in. Mr. Stenson asked him if there will be an event inside and another event outside and the answer was yes, they will use the upstairs for a cocktail area and then move people to the dining room for the main event, they are just moving members around.
Mr. Condon asked if this addition will enable them to have larger events and Mr. Zusack said no as the inside dining room is not being increased.
As there were no further questions from the Board, this portion of the hearing was opened for questions to Mr. Zusack and, as there were none, that part was closed.
Mr. Chick Gilligan, Planner & Engineer, then came forward and was sworn in; he is well known to the Board and was accepted as an expert witness. He referred to color sheet 2 of 5 -- the salmon color is the new building, the tan area is the patio. He explained they are creating drop-off areas and there is not too much to it, the Architect described most of it. He then referred to the 12/20/11 letter from the Board Engineer, Alan Hilla and commented on the following: grading - they are grading over the outdoor area, there will be no conflict as there are scuppers so water will drain away from the patio; site distance concerns - this is a 15 mph area here and there is 150 feet of view so there is no problem with site distance ratios; drainage - the new patio will extend over what was existing and there will be 2,000 square feet of impervious coverage, the drainage will handle this; parking - they have had no problems in the past, if they do , have large events the valets can park up the hill, the experience here speaks for itself.
Mr. Sarnasi wondered about cars coming back down the driveway if people are being dropped off here, is the road wide enough for cars coming down the driveway as well as coming up the other way? Mr. Gilligan said that would be taken care of and Mr. Zusack agreed, stating the valet service will be able to handle it, they felt it would be okay and Mr. Rubino agreed.
The hearing was again opened for questions to Mr. Gilligan and, hearing none, that portion was closed. The hearing was again opened to the public for general comments and, again, there were none so that portion was closed as well. The Board then went into discussion and all agreed this plan looks great and they could see no problems with approval.
At this time Mrs. Murdoch made a motion to approve this site plan, this seconded by Councilman Garruzzo and approved by the following roll call vote:
Ayes: Mayor Thomas B. Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Gina Murdoch, John O'Donnell, Charles Sarnasi, James Stenson, Terre Vitale
Note Eligible to Vote: Nick Stango, Spencer Thornton (Alternate Members)
The Board wanted to take a short time to go into Executive Session and the following Resolution was presented:
'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 January 10, 2012, 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 Board came out of Executive Session at 8:25 on a motion by Councilman Garruzzo, seconded by Mr. Condon and unanimously approved by voice vote, all aye.
NEW BUSINES (cont'd.):
The Board then turned to the final application of the evening, application for Use Variance for Block 73.01, Lots 8-8.01, 405 Riverview Lane, Manasquan River Yacht Club, to allow construction of a two-story sailing center. Non-Conforming Use in a Single Family Residential Zone, Use Variance required. Parking - Variance needed for up to 73 vehicles for proposed expansion of non-conforming use. Minimum Setback of 5 feet from driveway to an abutting property line - existing driveway is at or near adjoining property line to North.
Before starting this hearing, Mayor Nicol, Councilman Garruzzo, Mr. O'Donnell and Mr_ Sarnasi all had to step off the dais and recuse themselves from this hearing. Also at this time Mr. Stango had arrived and was sworn in as Alternate Member #3. Alternate members Murdoch, Stango and Thornton all were eligible to hear this application and stepped up to the dais.
Fees were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified. Mr. C. Keith Henderson, Esq. came forward to represent the Yacht Club and gave the Board and audience a background on this property.
The Yacht Club owned the property in question for many years and then sold it; they have now just bought it back. The family that purchased this property many years ago gave the Yacht Club the right the use their front lawn and river for the Junior Sailing Club, so what is being requested this evening is something that has been going on for many years. Mr. Henderson said that more than 1/2 of the building will be used for storage, there will be no increase in membership or to the Sailing Club, they need a Use Variance as this is not allowed in this residential zone.
At this time Mr. Chris Stracco, Esq. came forward to represent one of the neighbors, Jeffrey Citron; he wanted to let the Board know he was there to represent the interests of Mr. Citron.
Mr. Ned Thomson, the past Commodore of the Yacht Club came forward and was sworn in. He explained that the Youth Sailing Program is for children from the age of 8 to 16 and they meet 5 days a week in the summer; the program is split by boats and age. He said the purpose of this program is to enable sailors to enjoy sailing and learn safety in the water as well as participate in competitions. They currently meet in front of the Yacht Club, in the east section where the street meets the river and the sailing goes down to Osborn Island. The land program will be conducted on the front of the property they acquired.
Exhibit A-1 was presented, photos of activities at the Yacht Club and Junior Sailing Club_ Exhibit A-2 was a map showing the limit of disturbance on the Manasquan River. Exhibit A-3 was a modified Site Plan. Commodore Thomson referred to Exhibit A-2 and noted the topographic lines showing a notable slope for approximately 100 kids and it has been this way for several decades. Commodore Wright lived there and there was always an agreement with this family that they would sell the home back to the Yacht Club if they ever decided to sell the property and an easement was put in.
The Yacht Club has 275 members now and they do not propose any increase from this, they have over 100 children in the sailing programs and, as this program is a slave to the tides, they can only have a limited number of children, no expansion is planned. The children are dropped off by their parents or they come in on bicycles and meet the instructors at the main building which is by the parking lot; the boats are in the other area and there are different boats for different ages. The closest boats to the water are 8 foot prams for the youngest age groups to use for ease in getting into the river.
He explained the Yacht Club is shy on storage; the rigging can't get wet and they have flooding problems as part of the main building is below the water line and they use the upstairs for this reason. They have boats in storage, too, but also use an off site storage area as they need to keep boats dry and out of the bad weather and need storage for this.
The U.S. Sailing Organization is their support organization. and almost all Yacht Clubs belong to this; they subscribe to their requirements which is basically the science of seamanship of sailing and they are also a member of the Barnegat Bay Yacht Rowing Association (BBYRA).
Mr. Henderson asked about Mr. Hilla's report where he was concerned about an oil tank on the property. Commodore Thomson said there was an underground tank that sustained a leak, the original plan was to lift the home and they wanted to have the work done slowly to remediate the situation but it became untenable to do this so they had to have the home itself removed. All contaminated soil has been removed and they have verbal reports that this has been done.
As far as the title; the Yacht Club owned this and then sold it back in November 1966 to the Wright Family with the easement of 11 feet and waterfront rights. The understanding that the Club would be using their front lawn is quite-substantial and he noted that the Wright family was involved in the Sailing Program as well. They have now just purchased the property back and are not planning on building yet as they have to recoup from the sale purchase; they also need guarantees to the soil removal problem and then get long term funding, they are thinking it may be 60 months (5 years) by the time this is completed.
Mr. Langenberger questioned the drop off point around by the tennis courts and wanted to know what would prevent parents from dropping off their children at that dead end? Commodore Thomson said their program is started and completed in the main building, the patio area by the pool is the martial point. There are 4 fleets for different age children and they all meet here, there is no change to the driveway as that area will be used for storage and access. Mr. Langenberger asked if a child has to be a member to be in this program and Commodore Thomson said they have to be member related or sponsored by a member. Mr. Langenberger asked if this program will be opened to the public down the road and the answer was "not at this time." There may be an adult program but that would be held in the main building. They only have a certain area to meet and can only launch so many boats at one time. Mr. Langenberger asked about the dirt area that is there now where the house was and Commodore Thomson said they are using that area for storage; that is where they pull and fold their sails. Mr. Langenberger asked if there will be parties in this area or barbeques and the answer was no. Mr. Langenberger then asked if the 275 membership mentioned includes children and Commodore Thomson said yes, there are single memberships as well. They also have members, not included in that count, who just come in for regattas; They have no more room for more members.
Commodore Thomson felt the parking was adequate. When there is a heavy use of the area, they have an agreement with The Church in Brielle to use their lot; it is rare that they ever need more than that. Also, if there is a regatta they make arrangements with other places for boat trailers to park, the Church and Brielle Sports Club are willing to let them use their lots. The owners come in before the regatta and drop off their boats and then go park the trailers, this is all done before the day of the regatta.
Mrs. Murdoch asked about the classroom use and Commodore Thomson said they will be able to segregate the children, some will go to the main building and some to the classroom, there are 4 to 5 fleets with different teachings. Mr. Condon asked for clarification that all starts at the main building Commodore Thomson said they want to make sure that everyone that shows up goes home and by meeting here controls this. Mr. Condon asked about two sets of showers and he was told there will be a bathroom and a changing area as well. The children come back to the pool area by the main building and then get checked in and out, the bathroom is there for convenience only.
At this time the hearing was opened to the public for questions to Commodore Thomson and Mr. Stracco asked if the second floor storage area will be heated and cooled. Commodore Thomson said the entire building will have this, the building is an open area with an open upstairs, all heated and cooled. Mr. Stracco asked about catered affairs and Commodore Thomson said there will be no affairs in this building, the upstairs will be used for storage. Mr. Stracco asked about the driveway and was told there will be no change unless the town requires a handicapped space. Mr. Stracco asked if they will be able to put in a sign that states "no drop off' and the answer was that this is planned as this is not a good place to drop off as the car would then have to back up. Mr. Stracco asked about parking issues when regattas are held and Commodore Thomson reiterated what he had already testified to as to extra parking areas and these arrangements stop any parking problems from happening, they have been doing this for a long time with no problems. Mr. Stracco asked about backups on Riverview Lane and Commodore Thomson said they have a circular driveway and have stewards that direct the parking, there is also an adjacent field that can hold about 30 cars.
Mr. Henderson spoke and said he had a copy of a Resolution from 2004 that allows the use of the field just mentioned, this permission came from the Board of Adjustment. Mr. Stracco then asked about a limited number of persons in the program and Commodore Thomson said yes, they max out at 115 students. Mr. Stracco asked if it would be a problem if the enabling Resolution stated this cannot be increased and Commodore Thomson said they can't expand. They have lecturers come in and do programs as well as the regular teachers for the safety programs, this is educational and instructional guidance; also, they need the second floor for storage. Mr. Stracco then asked if they accept the statement that this facility will not be used for social affairs and Commodore Thomson said it will only be used for a storage area. Mr. Stracco asked about the number of members & was told, as stated earlier, there are 275 active members and classes will not be open to the public at this time, anyone who goes to these classes must be member sponsored and there are no parking problems.
Mr. Robert Bayley, Esq. came forward and asked if sailboats are going to be picked up and dropped off at this property and the answer was no. Mr. Peter Wright of 416 Riverview Lane came forward and was sworn in. He wanted to question the list of property owners and was given that list to look over,
Mrs. Murdoch asked about classes now with no building and Commodore Thomson said classes are in the main building and there are activities going on there now, no problems. Mrs. Murdoch asked if the classroom will be used mainly for children and was told that, at times they have conflicts and may have two classes meeting at once. Sometimes they have to use the basement, but as that floods it is better to use the other building. Mrs. Murdoch just did not want to see doubling of access. Commodore Thomson said there is a sailing program from April to October and if they have weather problems they may have to move activities inside. It was imperative that they acquire the property to do this program, they did not want to have a neighbor that does not want children on their front lawn. There are 10 instructors now and they have to work with the tides.
Mr. Wright came forward again and said that two people on this street were not notified but felt that they should have been because they all have access to the river. Mrs. Brisben explained to him that she does the list and, according to law, she goes out 200 feet from the perimeter of the property and does a list of all those people that are within that area, she would have no knowledge of anyone having any easement rights. Both Mr. Rubino and Mr. Henderson agreed that the list was properly done and only those that actually live within 200 feet had to be notified. Mr. Wright said he understood what was done and the method used but still felt he was right, he had a deed notice from 1904 that says all have access to the river.
Mr. Bayley came forward again and asked if sailboats are stored here and the answer was no, only duck boats. Mr. Rubino noted to all that the garage is existing and is used by the club, it was the house that was demolished and the house was not used for classes, it was a residence.
Mrs. Peter Wright came forward and asked about drainage and was told the Engineer will answer that when he testifies. As there were no more questions from the public, that portion was closed.
Mr. Condon announced that the time period for this application's hearing had ended for tonight and this application will be continued at the Tuesday, February 14th meeting of the Board. As there will be two members who will not be able to make that meeting, the Board can hear the testimony and vote in March or the entire hearing can be held in March; it was decided to carry this to February 14th with no further notice.
As there was no other business to come before the Board, a motion to adjourn was made by Mr. Stenson, seconded by Mrs. Murdoch and unanimously approved, all aye.
Karen S. Brisben, Recording Secretary