Borough of Brielle, NJ
| July 10th, 2012
July 10th, 2012
|BRIELLE PLANNING BOARD
TUESDAY, JULY 10, 2012
The Regular meeting of the BrieIle Planning Board was held on Tuesday. July 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 Nicol, Thomas Condon, James Langenberger, John O'Donnell, Charles Sarnasi, Tim Sigler
Absent — Councilman Frank Garruzzo, James Harman, Gina Murdoch, Nicholas Stanao, James Stenson
Also present was Karen S. Brisben, Recording Secretary. There were 4 people in the audience.
Chairman Condon then called the meeting to order and declared a quorbm. 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 June 12, 2012 meeting were approved on a motion by Mayor Nicol, seconded by Mr. Sigler and approved unanimously by voice vote, all aye.
The Board members all received a copy of a Coastal Permit for Waterfront Development to the D.E.P. for Block 107.01, Lot 14-14.01, 1118 Shore Drive, owned by Theodore & Carolyn Wojtech, to allow new location for float, ramp dock & boat lift.
Also received was a copy of an appeal to the Governing Body from Robert Houseal regarding the Manasquan River Yacht Club application approval.
The Mayor said that this appeal has to be filed with the Superior Court in Freehold and does not go before Mayor and Council.
Before continuing, Chairman Condon announced that the hearing for the Brielle Sports Club has been postponed, by the applicant, until the September meeting of the Board. New notices may have to be sent out on this.
The Board then turned to the approval of a Resolution for Block 121, Lot 21, 905 Birch Drive, owned by Elizabeth & Mary Louise Raab, to allow reconstruction of a deck & new stairs to rear of existing dwelling.
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 for variances set forth below on behalf of Elizabeth Raab and Mary Louise Raab, for premises known as 905 Birch Drive, said premises also known as Block 121, Lot 21 in the Borough of BrieIle, and the applicants asking for permission to reconstruct a deck on the premises and to add an addition of new stairs, both being in the rear of the premises, and an application package having been submitted to the Board for the existing locations of the proposed deck and proposed steps being identified and it appearing that Code Section 21-12.2(a)1(f) 7 40 foot rear setback is required, whereas 13 feet is proposed and variances being necessary for the same and the applicant having appeared at the June 12, 2012 hearing and at that time the Board, having listened to the testimony offered on behalf of the applicants and of 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 as set forth above, and the Board having made the following findings of fact:
1. The applicants would like to fix up the rear deck at the premises and would also like a means of egress off of the bedrooms on the second floor of the premises in the event of a fire. The applicants are also proposing to put a new rear deck on the premises, it should be noted that the premises which are located on Birch Drive are oddly shaped and the house that is on the premises is set at an angle rather than parallel to the property line. There is a small jog in the middle of the lot in the rear line that is 20'x50'. The house presently sits at 13 feet from the side of the jog that is closest to the house. It should be noted that when the house was built it was set at 54.4 feet of the front property line.
2. As stated, the deck presently exists and the applicants are merely replacing and/or fixing up the existing deck with deck material which will be at the same height as the current deck. The applicant also proposes to add a stairway leading to the second floor in the rear of the premises which would give them egress in the event of an emergency, fire, etc.
3. The Board finds that because of the odd shape of the property and the existing location of the house on the premises that a hardship does exist which prevents the applicants from doing the repairs and additions necessary without variance relief. The Board is satisfied, after reviewing the matter, that the requests made by the applicants are reasonable and do not in any way affect the property owners to the rear or the side of the subject property. The Board also finds that the elements of the C-2 Section of the Statute are met and that the addition of the stairways provide some type of egress in the event of emergencies whether fire or otherwise. The Board finds no detriment to the granting of this relief
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"
(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 BrieIle 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.
(d) 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.
WHEREFORE, BE IT RESOLVED, that the Planning Board of the Borough of BrieIle does hereby grant variance approval to Elizabeth Raab and Mary Louise Raab for rear yard setback for reconstruction of deck and addition of new stairs. The maps cannot be signed until conditions 4 through 6 are met:
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 they receive their 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, than any such changes must be submitted to this Board for review and approval. Further, it another governmental agency grants a waiver or variance of a resolution, 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. The applicants agree that the deck will not be enclosed without further permission from the Board."
The above Resolution was approved on a motion by Mr. Langenberger, seconded by Mr. Sigler and by the following roll call vote:
Ayes: Mayor Thomas Nicol, Thomas Condon, James Langenberger, John O'Donnell, Charles Samasi, Tim Sigler
Before adjourning for the evening, Mr. O'Donnell and Mr. Langenberger said they would not be available for the September meeting when the Sports Club was to appear. Mrs. Brisben said she will contact Mr. McLaughlin, the Sports Club attorney, to advise him of this.
As there was no further business to come before the Board, a motion was made by Mayor Nicol to adjourn, this seconded by Mr. Sigler and approved unanimously by the Board, all aye. The meeting was adjourned at 7:35 pm.
Katen S. Brisben, Recording Secretary