A Community by the River

Borough of Brielle, NJ

October 9, 2012

January 17 2013

October 9th, 2012



The Regular meeting of the Brielle Planning Board was held on Tuesday, October 9, 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, James Langenberger, Charles Sarnasi, Tim Sigler, Terre Vitale

Absent Thomas Condon, James Harman, John O’Donnell, James Stenson,

Also present was Karen S. Brisben, Recording Secretary. There were no people in the audience.

In the absence of the Chairman and Vice-Chairman, Mayor Nicol 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 Mayor also made the announcement that the hearing scheduled this evening for the Brielle Sports Club was postponed, by the applicant, until the December 11th meeting of the Planning Board; no further notice will be given.

The Minutes of the September 11, 2012 meeting were approved on a motion by Councilman Garruzzo, seconded by Mrs. Vitale and approved unanimously by voice vote, all aye.

The July/August issue of the NJ Planner was received. On file in the Board Office: Monmouth County at a Glance dated August, 2012.

The Board then turned to the approval of a Resolution for Block 18.01, Lot 4, 623 Borrie Avenue, applicant Brooke Jablonski, to allow construction of an addition to an existing single family dwelling.

As all Board members, as well as the applicant, 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 by and on behalf of Brooke Jablonski to allow construction of an addition to the single family dwelling at the premises known as 623 Borrie Avenue, Block 18.01, Lot 4 (Old Block 2, Lots 60 & 61) and the Board having held an open public hearing on the matter on September 11, 2012, and at that time, the Board having reviewed the matter, the application package which included a survey of the property, with a sketch of the proposed addition dated September 10, 2012, prepared Hayes A. Hewitt, PLS and the Board having also reviewed the zoning denial prepared by Glenn D. Lines, Zoning Officer and a number of variances being needed as set forth below and the Board having listened to the testimony of the applicant and 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. There is an existing house at the subject premises, which is known as 623 Borrie Avenue, Block 18.01 Lot 4 in the Borough. The applicant proposes to construct an addition to the single family dwelling. The proposed addition will be added to the right side of the property on the second floor of the existing building.
2. The following variances will be needed for this application:
(a) Side Setback 10 feet required, 5.0 feet proposed, right side first floor;
(b) Side Setback 10 feet required, 8.0 feet proposed, second floor cantilever, each side;
(c) Lot Coverage 20% maximum permitted, 24.96% proposed;
(d) Rear Setback 35 feet required, 30.00 feet existing;
(e) Lot Width 75 feet required, 50.0 feet existing;
(f) Lot Area 7,500 square feet required, 5,000 square feet existing.
3. It should be noted that the house presently sits on the undersized lot and the applicant is asking permission for modest additions to it.
4. It should be noted that the property presently violates the rear setback, where 30 feet exists and 35 feet is required; lot width of 50 feet exists and 75 feet is required; and lot area 5,000 square feet exists and 7,500 square feet is required.
5. The following variances are required as a result of this application. Side setback (right side first floor) 5 feet proposed, 10 feet required; Side setback (second floor cantilever on each side) 8 feet proposed, 10 feet required; lot coverage 24.96% proposed, 20% required.
6. In approving the application, the Board takes note that the house is on an undersized lot that also lacks width and finds that the existing conditions create a hardship and are reasons to grant the application. The house as it exists is a smaller house and the applicant basically in tales adding a second floor addition to it with a small one story addition on the first floor. Cantilevers are also proposed which violate the setback requirements.
7. The Board finds the application to be a reasonable application and that the addition will make the house more aesthetically pleasing and also more functional. The Board does find that hardship exists on the property as set forth above and that those hardships are the driving reasons for the variances necessary. The applicant also testified that the portion of the addition shown as storage as a storage closet and is not actually living space and as the house is small without much storage, the Board finds that this is a good use of the addition.

NOW THEREFORE, be it resolved by the Board that it adopts the aforesaid findings 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. It should be noted that the Board finds 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 approval to Brooke Jablonski for premises known as 623 Borrie Avenue, Brielle, New Jersey, for Side Setback 10 feet required, 5.0 feet proposed, right side first floor; Side Setback 10 feet required, 8.0 feet proposed, second floor cantilever, each side; Lot Coverage 20% maximum permitted, 24.96% proposed; Rear Setback 35 feet required, 30.00 feet existing; Lot Width 75 feet required, 50.0 feet existing; Lot Area 7,500 square feet required, 5,000 square feet existing. 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 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.
1. The second story storage closet will not be used for living space without further approval from the Board.
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 Councilman Garruzzo, seconded by Mrs. Vitale, and approved by the following roll call vote:

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

Noes: None

Not Eligible to Vote: James Langenberger, Tim Sigler

As there was no further business to come before the Board, a motion was made by Mrs. Vitale to adjourn, this seconded by Councilman Garruzzo and approved unanimously by the Board, all aye. The meeting was adjourned at 7:33 pm.

Karen S. Brisben, Recording Secretary