A Community by the River

Borough of Brielle, NJ

February 12, 2013

May 22 2013

February 12th, 2013


TUESDAY, February 12, 2013

The regular meeting of the Brielle Planning Board was held on Tuesday, February 12th at 7:30pm
in the Brielle Borough Half, 601 Union Lane. After a moment of silence and a salute to the flag, roll call was taken:

Present - Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, John O'Donnell
Alternate Members Gina Murdoch
Absent- Terre Vitale, Tim Sigler, James Stenson, Charles Sarnasi, Nicholas Stango

Also present was Carol McMenamy Alternate Board Secretary. There were 2 people in the audience.
Thomas Condon called the meeting to order and declared a quorum. He announced that, in compliance with the Open Public Meeting 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 January 8th, 2013 meeting were approved on a motion by Frank Garruzzo, seconded by Councilman Mayor Thomas Nicol and approved unanimously by voice vote, all aye.

Correspondence: A copy of the November/December issue of NJ Planner was distributed.

Old Business: The Board turned to the approval of a Resolution for Block 52, Lots 2-8.01, 608 Green Avenue, owned by Green Avenue Associates, to allow construction of a swimming pool.

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: by Frank Garruzzo and James Langenberger seconded and the application was approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, and John O'Donnell

Nays: None
Not Eligible to Vote: Gina Murdoch

WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth, has before it an application for Minor Site Plan Approval along with Variance for and on behalf of 608 Green Avenue Associates, LLC (Hoffman's Marina West), for property known as Block 52, Lots 2-8.01, on the tax map of the Borough of Brielle, and the applicant having asked for minor site plan approval along with variances for minimum front yard setback, 30 feet required, 19.9 feet existing for the storage building and minimum side yard setback, 10 feet required, 4.7 feet existing for the storage building and said conditions being existing nonconforming conditions that are not being altered by this application and the Board having reviewed an in-ground pool plan prepared by DW Smith Associates, LLC dated August 30, 2012 and the applicant having appeared before the Board and being represented by C. Keith Henderson, Esq., and the Board having held an open public meeting on January 8, 2013, and at the time the Board having listened to the testimony offered by the applicant on behalf of the applicant and of the objectors; 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:
I, The applicant has made a request of the Board to allow an in-ground pool to be placed upon the premises and as such has asked for minor site plan approval to allow same.
2. The property in question is located on Green Avenue, West of the New Jersey Transit tracks and is within the Borough's Marine Commercial Zone (C-2). The property contains two 3-story commercial buildings, one 2-story residential building, concrete pads, fencing and other amenities, all functioning as Hoffman's Marina West. The applicant, as part of this application, requests permission to demolish the existing 2-story residential structure, which is not conforming) and to construct a 1,920 square foot in-ground pool at the premises. The applicant stipulated that the pool

is to be used solely for the slip holders of Hoffman's Marina East and West and their guests of the yacht club and their guests and is not to be used by the general public.
3. The applicant agreed to amend its plans to be consistent with the requests made and the letter of the Board Engineer, Alan Hilla, PE, PP, CME, dated December 5, 2012. They include items #2, #3, and #4 on page 2 of said report.
4. No new variances are created as a result of this application.
5. The Board is satisfied that alter listening to the testimony offered on behalf of the applicant,

through its owner, that the pool is to be placed on the premises as a use coincident with the

operation of the existing facilities on the premises and that the pool use is a [awful accessory use,

provided that it is not open to the general public. The Board finds that as no new variances are

created, nor any new parking demands are created, that they can grant the application as

conforming to the intent of the C-2 Marine Commercial Zone District and the Ordinances related to


NOW THEREFORE, be it resolved by the Board that it adopts the aforesaid finds of fact, and based upon the aforesaid findings the Board concludes that the applicant has satisfied the following:
1. 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 exceptional and undue hardship upon the applicant. It should be noted that the Board finds that the existing building at the site exists there lawfully;

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.
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 Bride hereby grants Minor Site Plan approval to 608 Green Avenue Associates, LLC (Hoffman`s Marina West), 608 Green Avenue, Block 52, Lots 2-8.01, the installation of a pool as set forth in the aforementioned paragraphs. The maps cannot be signed until the following conditions 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 required performance bonds and/or guarantees, as well as engineering and inspection fees, in 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.

1. Compliance with the report of the Board's Engineer, Alan P. Huila, PE, PP, CME, dated December 5, 2012.
2. Applicant shall submit a plan satisfactory to the Zoning Officer of the Borough showing how access to the pool shall be limited as set forth herein. By way of example, a privacy key and a list of slip holders to be retained by the management of the marina.
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 with same being signed and dated by the applicant and the applicant's 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 February 11, 2014, 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.
KAREN S. BRISBEN, Board Secretary Adopted:

Moved by: Councilman Frank Garruzzo Seconded by: James Langenberger

Vote: Aye - Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, John O'Donnell
Noes - None
Not eligible to vote: Gina Murdoch
"Other Business: Informal hearing for possible subdivision for Block 44, Lot 6, also known as 605 Homestead Road, owned by Kevin Pento.

Kevin Pento had dropped off a new set of plans to the secretary of the planning board the morning of the meeting. In the new plans, the lot would not be a flag lot and both houses would have street front.

Mr. Condon asked what the size of the lots would be. Mr. Pento responded each-house would have a 42 1/2 ft. street front. This would meet the required square footage but not the 50 ft. frontage requirement. Mr. Condon asked if the north would need a setback variance. Mr. Pento hoped this would conform and not need a variance. He went on to say this would be built to meet FEMA requirements.

Mr. Langenberger stated that there was not a lot on Homestead with less than 50ft. frontage and the house to the south would have no parking which would create more congestion on an already congested street.
Councilman Garruzzo asked if the owner was still considering the flag lot. Mr. Pento responded yes and he was open to suggestions. Mr. Langenberger added the flag lot needed an 18ft. fire lane.

Mr. O'Donnell voiced his concern about the problem of parking. Mr. Pento stated that the parking would be on the street in front of the property.
Mrs. Gina Murdoch felt the 5ft. variance from the requirement. was a big difference. Mr. Pento replied that he would table the second plan and go back to the flag lot. Mr. Langenberger came back with his concern for the required 18ft. fire lane, which was not included in the flag lot plans.

Councilman Garruzzo feels the flag lot is more of a hazard to public safety, He believes the street is very crowded already.
The Mayor asked Mr. Pento who had determined his house uninhabitable. Mr. Pento's response was an architect had told him his house could not be lifted.
Mr. Condon explained should he pursue this subdivision the neighbors would need to be notified and he believed the neighbors would be against this. And the board would take in to consideration the opinions of the neighbors when making their decisions. Also Mr. Condon stated the board did not seem to react favorably to this informal.
Mr. Pento tried to get a feel for the procedure if he decided to go forward. Mr. Condon told him it would be best for him to speak to an attorney, planner and architect. Mr. Pento asked if he could appeal the board's decision should they not vote in favor of the subdivision. He was told yes he could.

A motion to adjourn was made Gina Murdoch and seconded by Frank Garruzzo and approved by the board, all aye. The meeting was adjourned at 7:55pm.
Carol McMenamy
Alt. Board Secretary