www.briellenj.com
A Community by the River

Borough of Brielle, NJ


October 14, 2014

December 17 2014

October 14th, 2014

The Regular meeting of the Brielle Planning Board was held on Tuesday, October 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 Thomas Condon, Councilman Frank Garruzzo, James Langenberger, Gina Murdoch, John O’Donnell, Charles Sarnasi, Tim Sigler, Terre Vitale

Absent Mayor Thomas Nicol, James Stenson

Also present was Karen S. Brisben, Recording Secretary. There were 2 people in the audience.

Mr. 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 September 9th, 2014 meeting were approved on a motion by Councilman Garruzzo, seconded by Mr. Langenberger and approved by voice vote, all aye.

OLD BUSINESS:

The Board turned to the approval of a Resolution for variance relief for Block 36.01, Lot 4, 403 Brielle Avenue, owned by Thomas & Traci Deveney, to allow the elevation of a single family dwelling.

All Board members, as well as the applicants, had received a draft copy of the Resolution and, as there were no corrections or changes, the following was presented for approval:

WHEREAS, Thomas and Traci Deveney (“Applicant”) have applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking to elevate an existing single family home located the 403 Brielle Avenue in the Residential Zone (R-4), and known as Block 36.01, Lot 4 (hereinafter the “property” or “parcel”) on the tax map of the Borough of Brielle; and
WHEREAS, the Board held a hearing on 9/9/14, 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 Proposed Foundation Plan prepared by Richard Peter Ramirez
A-3 Plot Plan and Grading Plan prepared by Richard Peter Ramirez
A-4 Boundary and Topographic Survey prepared by Richard Peter Ramirez
A-5 Elevation Certificate
P-1 Zoning Permit Denial letter dated 8/4/14
2. This application requires the following variances for §21-14.2:
a. Front Yard Setback: 25 feet required where 23 feet is proposed
b. Side Yard Setback: 8 feet required where 6 and ½ feet is proposed
c. Building Height: 35 foot maximum permitted where 36 and 7/12 is proposed.
3. The Board finds and concludes that with respect to the “C” variance:
a. That the Applicant has demonstrated that the purposes of the Municipal Land Use Law and 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 granting the requested relief.
b. That the Applicant has demonstrated the existence of a hardship where new Flood Elevation Maps require the raising of their home. That past flooding in their home prohibits the use of a basement and the extra height is required to make up for lost storage and to house mechanical elements of the home formerly located in Applicant’s basement.
c. The Board further acknowledges that the variances for both front and side yard setbacks were previously granted and are not being exacerbated by this proposed development.
d. The Board finds that the relief can be granted without substantial detriment to the public good and that the relief will not substantially impact the intent and purpose of the Zone Plan and Zone Ordinances of the Borough.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle that applicant’s application to elevate an existing single-family dwelling is hereby granted, with variances from §21-14.2 (Front and Side Yard Setbacks and Height restriction), subject to the following conditions:
1. Applicant shall pay all taxes and other applicable assessments, costs and fees to date, as applicable.
2. Applicant shall comply with all requirements and outside approvals as may be required from the Borough of Brielle or any other governmental authority.

A motion to approve the above Resolution was made by Councilman Garruzzo, seconded by Mrs. Murdoch and approved by the following roll call vote:

Ayes: Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Gina Murdoch, John O’Donnell, Charles Sarnasi, Tim Sigler, Terre Vitale

Noes: None

The last item was the approval of a Resolution for variance relief for Block 107.04, Lot 3, 1101 Aileen Road, owned by John & Sharon O’Donnell, to allow construction of an in-ground swimming pool.

As all Board members, as well as the applicants, had received a draft copy of the Resolution and there were no corrections or changes, the following was presented for approval:

WHEREAS, John and Sharon O’Donnell (“Applicant”) have applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking to construct and in-ground swimming pool in the Residential Zone (R-2), and known as Block 107.04. Lot 3 (hereinafter the “property” or “parcel”) on the tax map of the Borough of Brielle; and
WHEREAS, the Board held a hearing on 9/9/14, 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:
4. The Board considered the following documents in connection with this application:
A-1 Jurisdictional Packet
A-2 Pool Plot Plan, prepared by Gilligan Engineering
A-3 Pictures of Property and proposed location of pool
P-1 Zoning Permit Denial letter dated 7/14/14
5. This application requires the following variances for §21-12.2:
a. Lot Coverage: Maximum allowable lot coverage is 20% where Applicant proposes 22.2%
b. Setback requirements between principal structures and an accessory structure is 10 feet where 7 feet and 8 feet are proposed.
6. The Board finds and concludes that with respect to the “C” variance:
a. That the Applicant has demonstrated that the purposes of the Municipal Land Use Law and 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 granting the requested relief.
b. That the Applicant has demonstrated the existence of a hardship where pools are a permitted accessory use and due to the configuration of the lot the only location for the pool is where Applicant has proposed.
c. The Board finds that the relief can be granted without substantial detriment to the public good and that the relief will not substantially impact the intent and purpose of the Zone Plan and Zone Ordinances of the Borough.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle that applicant’s application to elevate an existing single-family dwelling is hereby granted, with variances from §21-12.2.a.1 and 21-12.2(2)(a) subject to the following conditions:
3. Applicant shall pay all taxes and other applicable assessments, costs and fees to date, as applicable.
4. Applicant shall comply with all requirements and outside approvals as may be required from the Borough of Brielle or any other governmental authority, including the requirements set forth in the Zoning denial letter dated 7/14/14.
The above Resolution was approved on a motion by Mrs. Vitale, seconded by Councilman Garruzzo and the following roll call vote:

Ayes: Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Gina Murdoch, Charles Sarnasi, Tim Sigler, Terre Vitale
Noes: None
Not Eligible to Vote: John O’Donnell

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


Karen S. Brisben, Recording Secretary

 

RELATED LINKS