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A Community by the River

Borough of Brielle, NJ


September 11, 2012

October 15 2012

September 11th, 2012

BRIELLE PLANNING BOARD

TUESDAY, SEPTEMBER 11, 2012

The Regular meeting of the Brielle Planning Board was held on Tuesday, September 11, 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, Councilman Frank Garruzzo, Thomas Condon, James Harman, Charles Sarnasi, Terre Vitale

Absent James Langenberger, John O’Donnell, Tim Sigler, James Stenson

Also present were Michael Rubino, Board Attorney & 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 August 14, 2012 meeting were approved on a motion by Mayor Nicol, seconded by Councilman Garruzzo and approved unanimously by voice vote, all aye.

OLD BUSINESS:

As there was no correspondence, the Board turned to the approval of a Resolution for Block 35.01, Lot 20, 613 Brielle Avenue, owned by Robert & Carol Imgrund, to allow construction of an addition to the rear of an 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 variance approval for Robert and Carol Imgrund for premises known as 613 Brielle Avenue, said premises being also known as Block 35.01 Lot 20 in the Borough, and the applicants having owned the house and lived there and they are proposing to add an addition to the house which addition needs variance relief and the applicants having submitted a variance plan including sketches of the property and of the proposed addition and a survey that was prepared by George W. Edwards, PLS, dated April 24, 1993, and said items being marked into evidence and the Board having held an open public hearing on the matter on August 14, 2012 and at that time having listened to the testimony offered on behalf of the applicant 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 applicant having appeared before the Board on August 14, 2012 and at that time advised the Board they have lived at the premises for a substantial period of time. Unfortunately, Mrs. Imgrund is suffering from Alzheimer’s Disease and because of such, the applicants would like to add an addition to the premises so as to be able to have a bedroom on the first floor of the premises, and to do so they will have to have to add a small addition to the house. The addition will require a side setback variance, whereas 5.59’ is proposed and 8’ is required and a variance for lot coverage, whereas 20% is the maximum permitted and 20.6% is proposed.
2. It should be noted that the applicant’s house presently violates the side yard setback and they want to maintain that setback along the side of the house. The Board looks upon the lot coverage deviation as de minimus and empathizes with the applicant with regard to the need for handicapped bedroom/bath and entrance to the room.
3. The Board finds that the relief requested is reasonable under the circumstances and that a hardship exists because of the fact that the existing house sits on the premises in violation of the side yard setback. The Board finds that a more aesthetic house would be placed on the property by maintaining that setback rather than requiring an offset from it. As stated, the Board finds that the lot coverage request is de minimus and also finds that the request to be able to build the addition for a first floor family bedroom to use for Mrs. Imgrund who is handicapped and suffering from Alzheimer’s Disease is certainly reasonable under the circumstances and the Board does not find the addition too large.

NOW THEREFORE, be it resolved by the Board that it adopts the aforesaid finds of fact, and based upon the aforesaid finding 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 on 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;
(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.
(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 Brielle, does herebu grant variance approval to Robert & Carol Imgrund, for premises known as 613 Brielle Avenue, Block 35.01, Lot 20, Brielle, New Jersey, for side setback variance, whereas 5.59’ is proposed and 8’ is required and for lot coverage, whereas 20% is the maximum permitted and 20.6% is proposed. The maps cannot be signed until conditions 4 through 6 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 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, 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.”
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, Charles Sarnasi

Noes: None

Not Eligible to Vote: Thomas Condon, Terre Vitale

The Board then turned to the approval of a Resolution to Minor Subdivision for Block 22.01, Lot 31, 640 Park Avenue, owned by Estate of George Wiggs, applicants Larry & Nicole Pall.

As all Board members, as well as the applicants, 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 before it an application for Minor Subdivision Approval on behalf of Nicole & Larry Pall for premises known as 630 Park Avenue, also being known as Block 22.01, Lot 31, and the applicant having submitted a minor subdivision plan prepared by Associated Land Professionals dated December 1, 2011 and the applicants having appeared before the Board on August 14, 2012, and at that time the Board having reviewed the application with the applicants and at that time having listened to the testimony offered on behalf of the applicant and objectors, and the applicants having appeared before the Board Pro Se; 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 property in question is located on Park Avenue and lies within the Borough’s Residential Zone 3 (R-3) and contains an existing 2 story family dwelling and shed. The applicant is a contract purchaser and wishes to subdivide existing Lot 31 to create two new lots consisting of 11,250 square feet each. Said lots will be known as Lot 31.01 and 31.02.
2. As part of the proposal, the applicants advised that they will take down theexisting dwelling and shed on the premises. Lot 31.01 will remain vacant and will be put on the market for sale and the applicants propose to build a conforming single family home on Lot 31.02.
3. It should be noted that the proposed subdivision is a fully conforming subdivision and meets all the requirements of the Borough’s Zoning Codes. The Board also finds that there is nothing unique about the property so that two conforming homes can be built on the premises without variance relief. In reviewing the application, the Board received a letter from the Board Engineer, Alan P. Hilla, Jr., PE, PP, CME dated July 23, 2012. During the course of the hearing, said letter was discussed with the applicant and the applicant has agreed that it shall comply with the requests of the Engineer on Page 2 of said letter and that topographical plans will be required during the permitting process, for development of both lots to determine storm water runoff, grading and drainage. The applicant also agreed to revise its plans consistent with Paragraph 3 of Mr. Hilla’s letter.

WHEREFORE BE IT RESOLVED, that the Planning Board of the Borough of Brielle, County of Monmouth, and State of New Jersey, does hereby resolve to grant Minor Subdivision Approval to Nicole & Larry Pall for premises known as 630 Park Avenue, Block 22.01, Lot 31 for minor subdivision relief to create proposed Lot 31.01 and proposed Lot 31.02, each lot to contain 11,250 square feet, and the deed perfecting the minor subdivision shall not be signed until all of the following conditions are met and until the Board Engineer shall signify to the Board Secretary in writing that said conditions have been met.

1. Payment of taxes and other applicable assessments, costs and fees to date including payment of payment of all escrow fees.
2. Monmouth County Planning Board Approval or receipt of communication indicating no interest in the subject application or passage of the appropriate time period pursuant to law.
3. The Applicant shall post the appropriate performance guarantees and inspection fees in an amount to be determined by the Board Engineer’s Office.
4. The applicant shall comply with the letter of the Board Engineer Alan P. Hilla Jr., PE, PP, CME, dated July 23, 2012.
5. At the time of development of each lot, adequate grading and drainage plans shall be submitted for the Borough Engineer’s review.
6. The applicant shall obtain any outside approval deemed necessary by the Board Engineer prior to the plans being executed by the Board Secretary.
7. The proposed lots and lot number shall be approved by the Borough Tax Assessor.

BE IT FURTHER RESOLVED, that in accordance with the Municipal Land Use Law that the minor subdivision shall be perfected with 190 days from the date of this Resolution of approval, or within any time frame allowed under the permit extension act, with the minor subdivision map having been executed by the date, together with the conforming deed being recorded with the Monmouth County Clerk’s Office as required, it being understood that this time limit is set by the Municipal Land Use Law, as to the compliance with the terms of this Resolution, and the filing of the deed or the map to perfect this subdivision, it shall be applicant’s obligation and responsibility to do so as it is applicant’s obligation to comply with said law. In the event that the applicant fails to do so, then upon notice to the applicant, the Board Secretary shall list this matter on the Planning Board agenda for dismissal without prejudice unless the applicant offers appropriate reason for the delay.
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/or requirements of the Borough Committee) by way of conditional preliminary concerning this subdivision and land 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.”

A motion to approve the above Resolution was made by Councilman Garruzzo, seconded by Mayor Nicol and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Harman, Charles Sarnasi

Noes: None

Not Eligible to Vote: Thomas Condon, Terre Vitale

The last item under Old Business was the approval of a Resolution for variance relief for Block 59, Lot 11 & 11.01, 8 Crescent Drive, owned by Brian Kimmins, to allow construction of a new single-family home.

As all Board members, as well as the applicant and his attorney, 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, State of New Jersey has before it an application for variance approval for Brian Kimmins for premises known as 8 Crescent Drive, Block 59, Lot 11 & 11.01 and the applicant having submitted a variance package including a plot plan prepared by Jeffrey G. Schneider, AIA dated June 22, 2012, and a survey of the property dated April 17, 2012, prepared by Walter Scharfenberg, PLS, and the applicant having been represented by Kevin Starkey, Esq., of Starkey, Kelly, Kenneally, Cunningham & Turnbach, and the applicant having appeared before the Board on August 14, 2012, and at that time, the Board having listened to the testimony offered on behalf of the applicant 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 applicant proposes to build a new single family dwelling at the premises known as Block 59, Lot 11 & 11.01, said premises are located at 8 Crescent Drive in the Borough. There are existing non-conformities at the site. This being that the premises are 10,319 square feet, whereas 11,250 square feet are required and present lot width is 59.79 feet, whereas 75 feet are required. The applicant proposes to build a house on the property which will require additional variances. One variance for side setback where 10 feet is required, and the applicant is proposing 4.58 feet on the west side and 4.75 feet on the east side, and a variance for lot coverage, where the applicant is proposing 25%, and 20% is allowed.
2. It should be noted that the proposal is consistent with the house which is in very poor condition and that is presently on the property. The applicant is proposing to take down the existing house and replace it with a new very attractive and aesthetic house, basically in the same footprint as exists which incurs the need for variance relief for setback and lot coverage. It should also be noted that the applicant at the hearing did offer proof that he attempted to purchase property from an adjoining property owner which would have brought the property into conformance, but that owner had no interest in selling the property.
3. The Board is satisfied that the undersized lot is driving the need for the variance and that the existing condition at the property will be remediated by adding a new better looking structure at the property. The Board therefore finds that it can grant the relief requested.
4. The Board further finds that the proposed house is a reasonable house in size and scope for the neighborhood and also takes into consideration that no neighbors appeared and objected to the side yard relief requested.

NOW THEREFORE, be it resolved by the Board that it adopts the foresaid finds of fact, and based upon the aforesaid finding 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 on 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;
(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.
(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 Brielle, does hereby grant variance approval to Brian Kimmins for variance for side setback where 10 feet is required, and the applicant is proposing 4.58 feet on the west side and 4.75 feet on the east side and also a variance for lot coverage, where the applicant is proposing 25%, and 20% is allowed. The maps cannot be signed until conditions 4 through 6 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 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, 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.”

A motion to approve the above Resolution was made by Councilman Garruzzo, seconded by Mayor Nicol and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Harman,

Noes: None

Not Eligible to Vote: Thomas Condon, Charles Sarnasi, Terre Vitale

NEW BUSINESS:

The Board then turned to an application for Variance approval for Block 18.01, Lot 4, 623 Borrie Avenue, owned by M. Jablonski & B. Winters, applicant Brooke Jablonski, to allow construction of an addition to an existing single-family dwelling. Side Setback 10 feet required, 5 feet proposed, right side first floor. Side Setback 10 feet required, 8 feet proposed, second floor cantilever each side. Lot Coverage 20% maximum allowed, 23.7% proposed. Rear Setback 35 feet required, 30 feet existing & proposed. Lot Width 75 feet required, 50 feet existing. Lot Area 7,500 square feet required, 5,000 square feet existing.

The fees had been paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper had been properly notified.

Michael and Brooke Jablonski both came forward and were sworn in. Mr. Jablonski said they live at 623 Borrie Avenue which is a one bathroom ranch at about 1,000 square feet in size. They wish to add 1,077 square feet to the home and need variances for the cantilevers and an attached storage shed. They have a small son and want to increase their family; they love Brielle and are close to the Green Acres Park and school and want to stay here.

He said the architect got in touch with them and had found an error on the lot coverage, it should be 24.96%, it was just a miscalculation and there are no changes on the plan. Mr. Jablonski said the square footage has to be increased by 98 square feet. Mr. Rubino went over the figures on page 2 and could see the error, it was just a math error as the figures do not add up correctly.

Mrs. Vitale asked if the driveway will be expanded and the answer was no. Mr. Sarnasi asked about steps to the storage area and Mr. Jablonski said there are no steps, it will be even with the ground and is attached to the home; Mrs. Jablonski added that it will be sided to match the house.

Mr. Harman asked about the existing shed that is shown on the plans and Mr. Jablonski said they need to keep it; Mrs. Jablonski explained the need for storage for bikes, etc. Mr. Rubino said that, according to the Ordinance, there can only be one shed on a property so this should not be called a “shed”. Mrs. Jablonski suggested calling it a “storage closet” and this was agreeable to the Board.

Mr. Condon asked about eliminating this and putting a larger shed in the back, this will help with the variance request. Mr. Jablonski said they put a deck in the back and from there to the back fence is only 10-11 feet and that is where the shed is, so there really is no room back there to do this. Mr. Condon asked is the floor will be slab and was told yes, there is no basement or garage on this property. Mr. Condon asked if this storage area will ever become living space and the answer was no, he then asked if the portico was being increased and the answer was again no.

As there were no more Board questions, the hearing was opened for questions from the public. As there was no response, that portion was closed. Mr. Condon then opened it again for general comments and, as there was no response to that either, that portion of the hearing was closed and the Board went into discussion.

Mr. Sarnasi said he was okay with it, he would prefer not to see an addition so close to the side yard but he understood it is a small lot. Mr. Harman felt this will enhance the property but also agreed with Mr. Sarnasi about the side yard setback. Mrs. Vitale was okay with the application as well, along with Councilman Garruzzo and Mayor Nicol. Mrs. Vitale asked that the storage area not be made into living space and the portico not be enlarged.

As there were no further comments, a motion was made by Councilman Garruzzo to approve this application with the conditions as noted by Mrs. Vitale, this seconded by Mrs. Vitale and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Harman, Charles Sarnasi, Terre Vitale

Noes: None

The Board then went 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 on September 11, 2012, as follows:

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

A motion to approve the above Resolution was made by Mayor Nicol, seconded by Councilman Garruzzo and approved unanimously by the Board, all aye.

The Board went into Executive Session at 7:45 and came out of Executive Session at 7:55 on a motion by Mrs. Vitale, seconded by Councilman Garruzzo and approved unanimously by the Board, all aye.

As there was no further business to come before the Board, a motion was made by Mr. Harman to adjourn, this seconded by Mrs. Vitale and approved unanimously by the Board, all aye. The meeting was adjourned at 7:56 pm.

Karen S. Brisben, Recording Secretary

Approved:

 

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