A Community by the River

Borough of Brielle, NJ

August 13th, 2013

December 06 2013

August 13th, 2013


The Regular meeting of the Brielle Planning Board was held on Tuesday, August 13, 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, James Langenberger, John O'Donnell, Charles Sarnasi

Absent - Thomas Condon, Gina Murdoch, Tim Sigler, James Stenson, Terre Vitale, Nick Stango
Also present was Karen S. Brisben, Recording Secretary. There were 2 people in the audience.
Mayor Nicol took over the Chair, 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 July 9, 2013 meeting were approved on a motion by Councilman Garruzzo, seconded by Mr. Langenberger and approved unanimously by voice vote, all aye.

The May/June 2013 issue of the NJ Planner was received. OLD BUSINESS:
The Board turned to a Resolution of approval for a Minor Subdivision for Block 15.01, Lot 9.02, 630 Borrie Avenu7e, Block 20.01, Lot 9, 635 Woodland Avenue, Block 20.01, Lot 10, 633 Woodland Avenue, all owned by Borrie Avenue Partners & Block 20.01, Lot 8, 637 Woodland Avenue, owned by Michael & Katherine Meseroll.

All Board members, as well as the applicants & their attorney, had received a draft copy of the 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 and State of New Jersey has an application before it for Minor Subdivision of property on behalf of Borrie Avenue Partners, LLC and Michael and Katherine Meseroll seeking

to subdivide Block 15.01, Lot 9.02 and Block 20.01, Lots 8 and 10; and the Board having received a subdivision plan prepared by Joseph J. Kosciuba, Licensed Professional Engineer and Professional Planner dated June 27, 2013 and the applicant being represented by Liza M. Keefe Esq. and the Board having held an open public hearing on the -matter on duly 9, 2013 and' at that time the Board having listened to testimony offered on behalf of the application 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 subject property consists of three lots, two fronting on Woodland Avenue and one fronting. on- Borrie Avenue. All of-the lots- are located in an R-3 Zone. Lots 8 and 9.02 are improved with single family homes. Lot 10 is vacant.
2. No additional lots will be created by the subdivision.
3. The purpose of the subdivision is to reconfigure the three lots, - to be
designated as Lots 8.01, 9.02, and 10.01 as-follows: -
the common lot- line of Lot 10 and Lot 8 will be moved to remove
3,171 square feet of Lot 10 and add it to Lot 8, which will be
designated as Lot 8.01
the common rear lot line of -Lots 9.02 will be moved to remove 1,127 square feet of Lot 10 and add it to -Lot 9,02:
0. The effect of the reconfiguration on Lot 10, now to be designated as Lot 10.01, will be to reduce its current lot size from 15,662 square feet to 11,364 square feet; however this is still in excess of the required minimum lot size in. the R-3 Zone
1. The subdivision will create a larger rear yard for Lot 9.02. Furthermore, the size of Lot 9.02 will be increased from 7,500 square feet to 8,627 square feet. Lot 9.02 is a corner lot. The R-3 zone requires a minimum lot size of 7500 square feet except for a corner lot, which must. have a minimum area of 10,000 square feet; however Lot 9.02 was- previously granted- a- lot area variance permitting '7,500- square feet of lot area. Although Lot 9.02 could remain 7,500 square feet in size- by virtue of the variance, the effect of the subdivision will be- to bring Lot- 9.02 closer to conformity with the minimum corner lot size in the R-3 Zone.
2. The. subdivision will increase Lot. Br to now be designated as Lot 8.01, from 9,996 square feet to 13,137 square feet. Lot 8 is nonconforming as to side' yard setback. The current side yard setback of the lot is 1.25 feet in lieu of 10 feet required. As reconfigured, new Lot 8.01 will have a conforming side yard setback of 21.25 feet. Lot 8 is also nonconforming as to its lot width of 68.7 feet. As reconfigured, new Lot 8.01 will have a conforming lot width of 88:75 feet.

7. The granting of the subdivision will advance the purposes of zoning by eliminating the current side yard setback and width nonconformities of Lot 8 and by increasing Lot 9.02 to a lot area that comes closer to conformity with the required lot size for a corner lot in this zone.
8. The approval of the subdivision will not result in increased density as no new lots are proposed, the lot size of New Lots 8.01 and 10.01 will remain well in excess of required minimum lot area and Lot 9.02 will be increased in size.

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 Borrie Avenue Partners, LLC and Michael and Katherine Meseroll. The map shall not be signed by the Board Chairman or Board Secretary until the following conditions are met:

1. Payment of all fees, taxes and escrows to date.
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 provide evidence from the Tax Assessor that lot numbering is satisfactory.
4. The applicant shall obtain any outside approval deemed necessary by the Board Engineer prior to the plans being executed by the Board Secretary.
5. The applicant shall file a copy of this Resolution of Approval by deed with the Office of the Monmouth County Clerk. The deed shall contain the following language: "The walkway at the front (northerly side) of the home on new Lot 8.01 shall not be enclosed in any manner. This Restriction shall run with the land and be binding upon the owners of Lot 8.01 and their heirs, successors and assigns. This restriction may not be vacated or amended at any time without the express consent of the Planning Board of the Borough of Brielle."

BE IT FURTHER RESOLVED that in accordance with the Municipal Land Use Law, the Minor Subdivision shall be perfected within 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 applicable date, it being understood that this time limit is set by the Municipal Land Use Law, and the filing of the deed or the map to perfect this subdivision shall be applicants' obligation and responsibility to do so 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 applicants offer appropriate reason for the delay.

Councilman Garruzzo made a motion to approve the above Resolution, this seconded by Mr. Langenberger and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Langenberger, John O'Donnell, Charles Sarnasi

Noes: None

Before adjourning, Mayor Nicol asked if anyone in the audience wished to address the Board and Noni Dickerson of 618 Locust Road came forward. She and her husband had sent a letter to several Borough officials complaining about the lack of repairs being done by Brielle Sports Club in regards to their fence that was damaged back last fall by Hurricane Sandy; it has yet to be repaired and the Dickersons are the ones that have been trying to hold it together as it backs up onto their yard. She wanted to know if the Board members had received her letter.

Mayor Nicol replied that they had and that Mr. Langenberger has contacted the Brielle Sports Club attorney,. Mr. McLaughlin, about the matter and the Planning Board and. Council are on top of it. -They all hope for a resolution sooner and not later.

As there was no further business to come before the Board, a motion was made by Councilman Garruzzo to adjourn, this seconded by Mr. Langenberger and approved unanimously by the Board, all aye. The meeting was adjourned at 7:35 pm.