Borough of Brielle, NJ
| January 14th, 2013
January 14th, 2014
|BOROUGH OF BRIELLE
TUESDAY, JANUARY 14, 2014
The Reorganizational meeting of the Brielle Planning/Zoning Board was held on Tuesday, January 14, 2014 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 B. Nicol, Councilman Frank A. Garruzzo, Thomas
Condon, James Langenberger, Gina Murdoch, John O’Donnell,
Charles Sarnasi, Tim Sigler, James Stenson, Terre Vitale
Absent – None
Also present were Chris Ackerman, new Board Attorney, Alan Hilla, Jr., Board Engineer and Karen S. Brisben, Recording Secretary. There were 4 people in the audience, among them Mike Rubino, retiring Board Attorney.
Mayor Nicol opened the meeting and declared a quorum present. He announced that, in compliance with the Open Public Meetings Act, notice of this Body’s meeting had been given to both the Asbury Park Press and the Coast Star newspapers.
The following appointments were then made:
Class I - Mayor Thomas B. Nicol through 12/31/14
Class II - James Langenberger through 12/31/14
Class III – Frank A. Garruzzo through 12/31/14
Class IV – Tim Sigler through 12/31/17
Class IV – James Stenson through 12/31/17
Mr. Ackerman swore in all the members and congratulated them on their new terms. Mayor Nicol welcomed Mr. Ackerman to the Planning Board.
At this time Mayor Nicol had a Proclamation to present to outgoing attorney Michael Rubino. He read the Proclamation and thanked Mr. Rubino for his years of service, from 2009 to the end of 2013 and Mr. Rubino, in turn, thanked the Board for their dedication & expertise. He said this was one of the better boards to work for as all members took their volunteer position seriously, it’s not an easy job. Mr. Rubino was then applauded by the Board and the audience.
It was then time for the election of officers for the year 2014. Councilman Garruzzo nominated Thomas Condon to the position of Chairperson, this seconded by Mrs. Vitale. As there were no other nominations this was closed and Mr. Condon was elected Chairperson by unanimous vote, all aye, no nays. Mr. Sigler then nominated James Stenson to the position of Vice-Chairperson, this seconded by Mrs. Vitale. As there were no other nominations this was closed and Mr. Stenson was elected Vice-Chairperson by unanimous vote, all aye, no nays. Councilman Garruzzo then nominated Terre Vitale to the position of Secretary of the Board, this seconded by Mr. Sigler. As there were no other nominations this was closed and the Mrs. Vitale was elected by unanimous vote, all aye, no nays. Mr. Condon then took over the Chair for 2014.
The following Resolutions were then presented for approval:
BOARD ATTORNEY & BOARD ENGINEER
“WHEREAS, N.J.S.A. 40A:11-5(1)(a)(i) permits the Planning Board to award a professional services contract without public advertising for bids and bidding; and
WHEREAS, the Brielle Planning Board has determined that there is a need for legal services and engineering services during the 2014 calendar year; and
WHEREAS, the Brielle Planning Board has determined to provide the need to acquire legal services and engineering services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5: and
WHEREAS, the Chief Finance Officer of the Borough of Brielle has determined to certified in writing that the value of the legal services and engineering services may exceed $17,500; and
WHEREAS, the term of these contracts are one year (January 1, 2014 to December 31, 2014); and
WHEREAS, Chris Ackerman of Dillworth, Paxon has proposed to provide legal services and Alan Hilla, Jr. of Leon Avakian, Inc. has proposed to provide engineering services; and
WHEREAS, both Mr. Ackerman and Mr. Hilla have completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to any political or candidate committee in the Borough of Brielle in the previous year, and that the contracts will prohibit them from making any reportable contributions through the term of the contracts; and
WHEREAS, a certification as to the availability of funds executed by the Chief Finance Officer is attached to this Resolution pursuant to the provisions of N.J.A.C. 5:30-4;
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle that:
1. The Business Disclosure Entity Certification of both Mr. Ackerman and Mr. Hilla as well as the Determination of Value Certification of the Chief Financial Officer shall be filed in the office of the Municipal Clerk and shall be available for public inspection.
2. The Planning Board is hereby authorized and directed to execute a contract with Mr. Ackerman to provide legal services and Mr. Hilla to provide engineering services for the 2014 contract year.
3. A notice stating the nature, duration, service and the amount of this contract shall be published in the Coast Star and this Resolution shall be maintained on file and available for public inspection in the office of the Board Secretary.
4. A certified copy of this Resolution shall be sent to Mr. Ackerman and Mr. Hilla.”
“WHEREAS, an act of the Legislature known as the “Open Public Meetings Act” enacted October 21, 1975, requires that advance notice be given of all regularly scheduled meetings of the Zoning Board of Adjustment of the Borough of Brielle, this act becoming effective January 19, 1976,
NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle that:
1. The regularly scheduled public business meetings of the Brielle Planning Board shall be held in the Borough Hall, 601 Union Lane, at 7:30 p.m. on the second Tuesday of each month. Work Sessions, if needed, will be held at 7:00 p.m. on the same night.
2. A copy of this Resolution shall be posted on the public bulletin board in the Borough Hall and published in one of the official newspapers of the Board.”
“RESOLVED, that the Asbury Park Press & the Coast Star are designated at the official newspapers for publishing legal notices of the Brielle Planning Board.”
“WHEREAS, there is a need for an Administrative Secretary and a Recording Secretary for the Brielle Planning/Zoning Board, and
WHEREAS, the Board has money in the Salary Ordinance to cover the expenses associated with these positions,
NOW, THEREFORE, be it resolved that Colleen Castronova be appointed Administrative Secretary for the year 2014 at a salary of $5,000 and Karen Brisben be appointed as Recording Secretary for the year 2014 at a salary of $5,000.”
A motion was made by Councilman Garruzzo to approve the above Resolutions, this seconded by Mr. Vitale and approved unanimously, all aye, no nays.
The Minutes of the December 10, 2013 meeting were unanimously approved on a motion by Councilman Garruzzo, seconded by Mr. Sigler and unanimously approved, all aye (Mayor Nicol abstained), no nays
A request for an extension was received from Richard & Myra Strucek to extend subdivision approval for 528 Longstreet Avenue. Mr. Ackerman said this subdivision approval is under the Permit Extension Act so they still have time to perfect the subdivision. The same request was received from Robert Brkal for site plan work for 501 Union Avenue and the Board was also agreeable to granting this one year extension. Mrs. Brisben was instructed to write to the above applicants approving their requests.
A copy of the Hold Harmless Agreement for the Schuler application for 803 Ashley Avenue was distributed for Board review, however, Mrs. Brisben told them this matter is now in the hands of the Borough Attorney for his review and he will report to Mayor and Council.
A copy of the November/December issue of the NJ Planner was also received.
The Board turned to the approval of a Resolution for Block 76.01, Lot 7, 803 Ashley Avenue, owned by Richard & Laurie Schuler, for a treehouse and outdoor shower.
As all Board members had received a draft copy, as well as the applicants and their attorney, 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 and on behalf of Richard J. and Laurie Ann Schuler for premises known as 803 Ashley Avenue, Block 76.01, Lot 7, said premises being located in the R-2 Zone and a survey of the property prepared by Charles O’Malley, PLS, dated July 15, 2013 having been submitted to the Board and it appearing that variances are necessary for accessory structure in the proposed location and the applicant having filed an application before the Board and the same having been heard on December 10, 2013 and at that time the Board having listened to the testimony presented by the applicant and of the neighbors and the Board having made the following findings of fact and conclusions; 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 having owned the premises located at 803 Ashley Avenue in the Borough, they testified that they wanted to construct a tree house at the premises so that their grandchildren could play in. The testified that they spoke to the Zoning Officer about constructing a tree house and that the Zoning Officer orally advised that he believed that a tree house could be installed without permits.
2. It appears however that the tree house that was constructed was in a substantial nature was built on stilts and is very aesthetic and attractive looking structure, but much more formal in nature that what would typically think of as a tree house. Therefore, the applicants were advised to either seek a variance for the tree house or remove it. The applicants therefore filed this application requesting permission to keep the tree house which they had already constructed.
3. At the hearing, the applicants presented testimony which indicated that two ordinances were violated. Section 21-12.2(a)2(a) Accessory Structure Tree House, 40’ front yard setback required, whereas the tree house is located 1 foot from Brown Street Right-of-Way and Section 21-12 Accessory Structure Outside Shower, 40 foot rear yard setback required, 10 feet proposed. The applicant testified that the tree house was very tastefully done with cedar siding, Anderson windows, including cooper, real stucco and material and that it was a mini-model of the house they have on the premises. They testified that it sits inside the fence of the side/rear yard. It should be noted that it is a corner lot, so it actually is a front yard, and that it is used by their grandchildren along with other children from the area, who use the tree house. They also indicated and attested that the tree house would not be used as actual sleeping quarters but would be used for children to use for fun and games. The Board finds that the tree house is in fact tastefully done and although it is large and sits on actual pillars that hold it up it does blend in with the trees in the area and is really not that noticeable.
4. The applicant testified that because of the corner lot there is no other place to put the outdoor shower which the Board finds that this is true.
5. It should be noted that a significant number of the neighbors in the area showed up at the hearing and all of them testified that they were in favor of the tree house and that they enjoyed looking at the tree house, that it has a positive effect on the area and those with children or grandchildren actually use the tree house. All of them testified that they would be very unhappy is the tree house had to be removed.
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;
(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 Richard J. & Laurie Ann Schuler for variances for Section 21-12.2(a)2(a) Accessory Structure Tree House, 40’ front yard setback required, whereas the tree house is located 1 foot from Brown Street Right-of-Way and Section 21-12 Accessory Structure Outside Shower, 40 foot rear yard setback required, 10 feet proposed. 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 Board specifically notes that the tree house cannot be used for sleeping quarters or overnight sleepovers and must obtain permission from the Borough Council to access the Right-of-Way with the Borough.”
A motion to approve the above Resolution was made by Mrs. Vitale, seconded by Councilman Garruzzo and approved by the following roll call vote:
Ayes: Councilman Frank Garruzzo, Thomas Condon, Tim Sigler, James
Stenson, Gina Murdoch
Not Eligible to Vote: Mayor Thomas Nicol, James Langenberger, John
O’Donnell, Charles Sarnasi, Terre Vitale
As there was no other business to come before the Board, a motion to adjourn was made by Mrs. Vitale, seconded by Councilman Garruzzo and unanimously approved by the Board, all aye. The meeting was adjourned at 7:45 pm.
Karen Brisben, Recording Secretary