Borough of Brielle, NJ
| May 13, 2014
May 13th, 2014
|BRIELLE PLANNING BOARD
TUESDAY, May 13, 2014
The Regular meeting of the Brielle Planning Board was held on Tuesday, May 13, 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 Nicol, Thomas Condon, James Langenberger, Gina Murdoch, Charles Sarnasi, Jim Stenson
Absent – Councilman Frank Garruzzo, John O’Donnell, Tim Sigler, Terre Vitale
Also present was Chris Ackerman, Board Attorney, Alan Hilla, Jr., Board Engineer and Carol McMenamy, Recording 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 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 April 8, 2014 meeting were approved on a motion by Mayor Nicol, seconded by Mr. Langenberger and approved unanimously by voice vote, all aye.
The Board turned to a resolution approval for approval for Block 51, lots 7-8, 9.01 & 10.01, as known as 405, 403 & 401 Leslie Avenue owned by Diana Hamilton & Olmstead Gardens, LLC to allow for minor subdivision.
All Board members, as well as the applicant had received a draft copy of this resolution and there were no changes or recommendations, the following was presented for approval:
RESOLUTION OF APPROVAL OF THE BRIELLE BOROUGH PLANNING AND ZONING BOARD, COUNTY OF MONMOUTH AND STATE OF NEW JERSEY WITH RESPECT TO THE DEVELOPMENT APPLICATION OF DIANA HAMILTON FOR PROPERTY KNOWN AS LOTS 7, 8, 9.01 AND 10.01 IN BLOCK 51
WHEREAS, DIANA HAMILTON (“Applicant”) has applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking a minor subdivision of the property located on the northwesterly side of Leslie Avenue, between Manasquan Avenue and Lake Avenue in the Residential Zone 4 (R-4), and is known as Block 51 Lots 7, 8, 9.01 and 10.01 (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS, The four lots that comprise the property currently contain a 2-story frame dwelling with accessory garage and shed on Lots 7 and 8, a shed on Lot 9.01, and a 1-1/2 story frame dwelling and frame garage on Lot 10.01. Applicant proposes to remove the accessory structures on Lots 8 and 9.01, and seeks to re-subdivide the existing four lots into three dimensionally conforming lots for the R-4 Zone. The proposed lots and the accessory structure proposed to remain are conforming for the zone, however, the existing principal structures, to remain, are non-conforming for the zone; and
WHEREAS, the Board held a hearing on 3/11/14 and 4/8/14, and the Board, after carefully considering the evidence presented by the applicant and of the adjoining property owners and general public, has made the following factual findings and conclusions of law:
1. The Board considered the following documents in connection with this application:
A-1 Jurisdictional Packet
A-2 Lot Line Configuration Plan dated 10/20/12
A-3 Minor Subdivision plan consisting of one sheet, prepared by Robert M. Ragan of Ragan Land Surveying, PC , dated 1/10/13 and last revised 3/25/14
A-4 Letter from Applicant’s Bank to Board
PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc., dated February 21, 2014
2. The Board grants the re-subdivision conditioned, to the satisfaction of the Board Engineer who shall review all conditions prior to perfection, on the following:
a. Construction of driveway and drywell on Lot 8.01 as indicated on the subdivision map
b. Construction of sidewalk and curbing along the entirety of property
c. Demolition and removal of non-conforming structures on lots 8 and 9.01.
3. Granting of this subdivision application is also subject to applicant demonstrating compliance with all comments, not inconsistent with this Resolution, provided within the Engineering Report prepared by Alan Hilla, dated 2/21/14 and entered into evidence as PB-1 at the Planning Board Hearing on 3/11/14.
4. This application requires the following variances for §21-14:
a. Lot 8.01 - Front Yard: §21-14 requires 25 feet required where only 22 feet exists
b. Lot 10.01 – Front Yard: §21-14 requires 25 feet required where only 11 feet exists
c. Lot 10.01 – Side Yard: §21-14 requires 8 feet required, 4.58 feet exists
d. Lot 8.01 – Driveway: §21-31.11 requires a 5 foot setback where 0 feet is proposed.
The board grants the relief requested by Applicant for the above variances, and notes that, with exception to the driveway ordinance, these conditions are existing and are not exacerbated by the proposed subdivision.
5. Applicant shall have 190 days from the passage of this Resolution to perfect this subdivision.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that applicant’s application to re-subdivide the subject parcel into three (3) residential properties is hereby granted, with variances from §21-14 (Lots 8.01 Front Yard Setback; Lots 10.01 – Front and Side Yard Setback) and 21-31.11 (Lot 8.01 – Driveway Setback), subject to the following conditions:
1. Applicant shall be required to demolish the existing structures on Lots 8 and 9.01. All structures required to be razed, must be demolished prior to perfection.
2. Replacement of all curbing and sidewalk, in accordance with code requirements, along the entire property. The curbing and sidewalk must be completed prior to perfection of the deed
3. Applicant shall install drywell and driveway on Lot 8.01 as indicated on the subdivision plan and entered into evidence as A-2. Plan must be amended to depict the proposed piping connections to the proposed drywell. Plan must be further amended to detail the construction of the driveway, including gravel sizing and depth. All the requirements of this paragraph must be completed prior to perfection.
4. Applicant shall perfect the minor subdivision within 190 days from the date of this resolution.
3. Prior to perfection of deed, Applicant must submit deed to the Board Engineer for review and approval of all conditions set forth in this Resolution. Applicant shall comply with the requirements set forth in the Planning and Engineering Reports referenced above.
5. Upon perfection of the minor subdivision, applicant shall record a copy of this resolution with the deeds and/or plat.
6. If applicant fails to perfect the minor subdivision within 190 days, then this subdivision approval shall lapse and be void. However, applicant may apply to the Board to extend the time to perfect the subdivision. The Board shall retain its discretion to either approve or deny any further extension pursuant to this paragraph.
Ayes: Mayor Nicol, Thomas Condon, Jim Langenberger, Charles Sarnasi
Not eligible to vote: Gina Murdoch, James Stenson
The Board then turned to an application for variance for Block 19.01, Lot 3, 622 Borrie Avenue, owned by Daniel and Jane Dougherty, to allow construction of a front porch in a front yard setback.
The fees were posted, taxes are paid to date and the newspaper as well as property owners within 200 feet as well as the newspaper were properly notified. Daniel Dougherty came forward was sworn in by Chris Ackerman, Board Attorney and submitted exhibits A1: complete zoning application, A2: architecture’s plans and A3: plot plans.
Mr. Dougherty explained they had recently moved from Manasquan where the family had enjoyed activities on their front porch. He added that his family was missing the fun they had on a front porch. He was hoping to be able to replace the existing porch with a 10 X 22 porch which would give them the outdoor room feel. Mr. Dougherty stated the variance would reduce the setback from 31.6 to 21.6 and the coverage would increase to about 2%.
Thomas Condon asked the Board if they had any questions of the applicant. Hearing no questions, He opened it up to the public. The audience had no questions. Mr. Condon asked the Board members for any comments; Chuck Sarnasi stated that the front porch would make the house look nicer. The rest of the Board was in accord.
At this time James Stenson made a motion to approve the application, this seconded by Gina Murdoch and this application was approved with the following roll call vote:
Ayes: Mayor Nicol, Thomas Condon, James Langenberger, Gina Murdoch, Charles Sarnasi, James Stenson
As there was no further business to come before the Board, a motion was made by Jim Langenberger to adjourn, this seconded by Gina Murdoch and approved unanimously by the Board, all aye. The meeting was adjourned at 7:40 pm.
Carol McMenamy, Recording Secretary