Borough of Brielle, NJ
| July 9th, 2013
July 9th, 2013
|BRIELLE PLANNING BOARD TUESDAY, JULY 9, 2013
The Regular meeting of the Brielle Planning Board was held on Tuesday, July 9, 2013 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 L.angenberger, John O'Donnell, Charles Sarnasi
Absent - Gina Murdoch, Tim Sigler, James Stenson, Terre Vitale
Also present was Karen S. Brisben, Recording Secretary and Steven Pardes, Alternate Board Attorney. There were 7 people in the audience.
Chairman Condon 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 June 11, 2013 meeting were approved on a motion by Councilman Garruzzo, seconded by Mr. Langenberger and approved unanimously by voice vote, all aye.
A copy of a notice for a Coastal General Permit was received for Block 101, Lot 10 & 10.01, 7 The King's Path, to allow a single family replacement dwelling with proposed garage, expand existing asphalt driveway, relocate inground pool & replace inground pool area with pavers.
The Board turned to a Resolution for Approval for Block 96.01, Lot 4, 909 Jordan Drive, owned by Christopher & Courtney Matthaei, to allow construction of an outdoor pool in a Front Yard Setback.
All Board members, as well as the applicants, had received a draft copy of this Resolution and as 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 Courtney and Christopher Matthaei, for permission to locate a pool in the front yard of.the premises and the applicant having submitted a variance plan on a survey drawn-by Acre Survey Company, Inc. identified as A-1, 6 -11- 13, and the applicant having appeared before the Board on June II, 2013, and at that time having presented its evidence and the Board having listened to the matter and the evidence submitted, and to the testimony of the applicant; 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 request permission to allow construction of a swimming pool at the property. A boundary survey prepared by Joseph L. Lazok, PLS, dated March 22, 2013 along with a drawing as to where the pool is proposed to be located was submitted to the zoning Officer and the Board. It appears that the applicants' property has three fronts, Kingston Roams Jordan Drive and Sycamore Lane. The physical front of the house is Jordan Drive and the driveway to the house and garage is located off of Kingston Road.
2. It appears, therefore, that the three cornered lot makes development of the property with a pool difficult, if not impossible, as the existing house is presently located on 12.74 feet from its rear property line. It. should also be noted that there is significant natural landscaping at the site along Sycamore Lane and along the rear property line. Therefore, the installation of the pool should not create any detrimental views to the surrounding property. The proposed location of the pool also gives the neighboring properties greater privacy to the nearest neighbor.
3. The Board, therefore, finds that a hardship does exist at the property and that pools are a natural accessory use to residential properties and that the natural features ofthe. property and the existing house on it makes development of it without Board relief impossible.
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 Courtney and Christopher Matthaei for premises known as 909 Jordan Drive, Brielle, New Jersey, for pool in front yard setback. 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.
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 Mayor Nicol, seconded by Councilman Garruzzo and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, ' James Langenberger, Charles Sarnasi,
Not Eligible to Vote: John O'Donnell
The Board then turned to an application for a Minor Subdivision for Block 15.01, Lot 9.02, 630 Borrie Avenue, Block 20.01, Lot 9, 635 Woodland Avenue, Block 20.01, Lot 10, 633 Woodland Avenue, Block 20.01, Lot 10, 633 Woodland Avenue, owned by Borrie Avenue Partners & Block 20.01, Lot 8, 637 Woodland Avenue, owned by Michael & Katherine Meseroll, to allow movement of a lot line between Lots 8 & 9 and combine balance of Lot 9 with Lot 10.
The proper fees were posted, taxes are paid to date and the newspaper as well as property owners within 200 feet were properly notified. Liza Keefe, Esq. came forward and explained they wish to transfer 3,171 square feet from Lot 9 to the Meserolls (who own Lot 8) and then consolidate the remaining portion of Lot 9 with Lot 10. They also are transferring 1,127 square feet to the property that abuts Lot 9 on Borrie Avenue.
She then asked Joe Kociuba, Engineer, to come forward and testify. He is a Licensed Engineer & Planner in NJ and has a Master's Degree in Engineering; he has 15 years experience in this field and has testified before this Board before. The Board accepted him as an expert witness. He submitted two exhibits which were marked; Exhibit A-1 was a subdivision map dated 6127113 and Exhibit A-2 was a tax map of the area.
He said the lot in question fronts on Bernie and Woodland and this was the subject of a subdivision a few years ago, they now want to combine Lots 9 and 10 and give square footage to Lot 8 and described, by Ms.. Keefe, along with transferring square footage to the rear of the property on Borrie Avenue. He said by doing this they will be eliminating a side yard setback variance on Lot 8 by extending that lot on that side by an additional 20 feet. They will also be giving a larger rear yard to Lot 9.02 on Woodland Avenue. The paper street (Mamie Moon Walkway) has made this a corner lot and a variance was received when the subdivision was originally approved, so this lot, too, will now be more conforming. New vacant lot 10.01 will be more in conformance with the zone by making it 11,264 square feet. In conclusion, this application will benefit the area and no new variances are needed.
Mr. Pardes noted that, on the subdivision plat for Lot 8.01 it shows 28.25 feet for the front yard but the zoning schedule said 32.25 feet. Mr. Kociuba said they incorrectly measured and the correct figure is 32.25 feet. Mr. Condon said there is a porch in this location and he wants it stipulated that it will never be enclosed and Mr. Kociuba said that was no problem and he was agreeable to it.
Councilman Garruzzo asked why the extra footage being given to Lot 9.02 and wanted to know if that was to give them more of a back yard; the answer was yes and it will balance the lots to more of a standard size.
As there were no more Board questions the hearing was opened to the public for questions to Mr. Kociuba and, as there were none, that portion was closed. It was then opened for general comments and again there was no response so that portion was closed and the Board went into discussion.
Mr. Langenberger felt this would be beneficial to the neighborhood and was for approval, the rest of the Board agreed with him that this was an acceptable application with no problems.
At this time Councilman Garruzzo made a motion to approve the application with the stipulation of no porch enclosure, this seconded by Mr. Langenberger and this application was approved with the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, John O'Donnell, Charles Sarnasi
Before adjourning, Mr. Langenberger wanted to. know if there has been anything heard on the Brielle Sports Club and a possible appeal. Mrs= Brisben said she was not aware of any action on this and any objector has 45 days from the date the Resolution was in the newspaper to appeal to Monmouth County, the Resolution was published in the Thursday, June l3' issue of the Coast Star.
As there was no further business to come before the-Board, a motion was made by Councilman Garruzzo to adjourn, this seconded by Mayor Nicol and: approved unanimously, by the. Board, all aye. The meeting was adjourned at 7:43 pm.
Karen S. Brisben, Recording Secretary