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A Community by the River

Borough of Brielle, NJ


January 13, 2015

March 23 2015

January 13th, 2015

BOROUGH OF BRIELLE
PLANNING/ZONING BOARD
ORGANIZATIONAL MEETING
TUESDAY, JANUARY 13, 2015

The Reorganizational meeting of the Brielle Planning/Zoning Board was held on Tuesday, January 13, 2015 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, James Langenberger, Gina Murdoch, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson

Absent - Thomas Condon, Terre Vitale

Also present were Joe Clark, Board Attorney, Alan Hilia, Jr., Board Engineer and Karen S. Brisben, Recording Secretary. There was no one in the audience.

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 12/31/15 Class II - James Langenberger through 12/31/15 Class III - Frank A. Garruzzo through 12/31/15 Class IV - Thomas Condon through 12/31/18 Class IV - Gina Murdoch through 12/31/16

Mr. Clark swore in all the members (except Tom Condon who was absent) and congratulated them on their new terms.

It was then time for the election of officers for the year 2015. Councilman Garruzzo nominated Thomas Condon to the position of Chairperson, James Stenson to the position of Vice-Chairman and Terre Vitale to the position of Secretary of the Board. As there were no other nominations, the above motion was seconded by Mr. Langenberger and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Langenberger, Gina Murdoch, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson

Noes: None

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 2015 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, 2015 to December 31, 2015); and

WHEREAS, Joe Clark 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. Clark and Mr. Nilla 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. Clark 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. Clark to provide legal services and Mr. Hilla to provide engineering services for the 2015 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. Clark and Mr. Hilla."

MEETING DATES

"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 Brieile 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."

NEWSPAPERS

"RESOLVED, that the Asbury Park Press & the Coast Star are designated at the official newspapers for publishing legal notices of the Brielle Planning Board."

SECRETARIES

"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 2015 at a salary of $5,000 and Karen Brisben be appointed as Recording Secretary for the year 2015 at a salary of $5,000."

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

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, James Langenberger, Gina Murdoch, John O'Donnell, Charles Sarnasi, Tim Sigler, James Stenson

Noes: None

The Minutes of the December 18, 2014 meeting were approved on a motion by Mr. O'Donnell, seconded by Mr. Langenberger and unanimously approved, all aye (Councilman Garruzzo & Mrs. Murdoch abstained), no nays

CORRESPONDENCE:

A request for an extension was received from Richard & Myra Strucek to extend subdivision approval for 528 Longstreet Avenue. Mr. Clark said this subdivision approval is under the Permit Extension Act so they may still have time to perfect the subdivision, they may not even need to ask for this. Mrs. Brisben said she will write to them informing them of the extension approval.

A copy of the November/December issue of the NJ Planner was also received. OLD BUSINESS:

The Board turned to the approval of an amended Resolution for Block 107.04, Lot 3, 1101 Aileen Road, owned by John & Sharon O'Donnell, to allow construction of an inground pool. Mr. Hilla explained that the original Resolution adopted a few months ago did not have specific dimensions and the O'Donnell's building permit was denied; an amended Resolution was drafted by both Mr. Clark & Mr. Hilla to rectify the error and is presented tonight for approval:

WHEREAS, John and Sharon O'Donnell ("Applicant") 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, made the following factual findings and conclusions of law as embodied in the prior Resolution:

1. 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 7114/14
2. This application requires the following variances for §21-12.2:
a. Lot Coverage: Maximum allowable lot coverage is 20% where Applicant proposes 22.2°k
b. Setback requirement between principal structures and an accessory structure is 10 feet where 7 feet and 8 feet are 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 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; and

WHEREAS the Applicant's Addendum for Zoning Variance and testimony during the hearing indicated that Lot Coverage of 21.72% was previously approved by the Board in 2009; and
WHEREAS, this Board's prior Resolution with respect to the development application of John and Sharon O'Donnell for property known as lot 3 in block 107.04 did not fully embody the Board's ruling on the application; and
WHEREAS, the Board is desirous of correcting the administrative errors relating to the prior grant of this application; and
WHEREAS, the Board now corrects the administrative errors by amending the prior Resolution's factual findings, conclusions of law and ruling as follows:
1. 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 Zoning Permit Denial letter dated 7114114
A-4 Pictures of Property and proposed location of pool
2. This application requires the following variances for §21-12.2:
a. Setback requirement between principal structures and an accessory structure is 10 feet where 8.48 feet to the foundation, 6.48 feet to the second floor cantilever and 6.17 feet to the garage are proposed.
3. The Board finds and concludes that with respect to the "C" variance and Application:

a That the Board had previously approved Lot Coverage of 21.72% in 2009 and as such, no additional approval for Lot Coverage is necessary,
b. 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.
c. 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.
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 is hereby granted, 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, including any requirements set forth in the Zoning denial letter dated 7114114 not disposed of by this application.

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

Ayes: Councilman Frank Garruzzo, James Langenberger, Gina Murdoch, Charles Sarnasi, Tim Sigler, James Stenson

Noes: None

Not Eligible to Vote: Mayor Thomas Nicol, John O'Donnell

The next Resolution was for a Minor Subdivision for Block 93.01, Lot 5 & 6, 410 Osborn Avenue & 409 Laurel Avenue, owned by David & Cynthia Rodricks. This Resolution was also revised from the previous draft sent to the Board, Mr. Hilla picked up some items that needed to be added or changed. The following final Resolution was then presented for approval:

WHEREAS, DAVID AND CYNTHIA RODRICKS ("Applicant") have applied to the Planning and Zoning Board ("Board") of the Borough of Brielle seeking a minor subdivision of the property located at 410 Osborn Avenue and 409 Laurel Avenue, in the Residential Zone 2 (R-2), and known as Block 93.01, Lots 5 & 6 (hereinafter "property or parcel"), on the tax map of the Borough of Brielle; and

WHEREAS, The properties in question are located between Laurel Avenue and Osborn Avenue, and east of Riverview Drive, within the Borough's Residential Zone 2 (R-2). Each of the two lots that comprise the properties in question currently contain a frame dwelling along with various accessory structures, and together total over one acre of land. The Applicant proposes to retain the house on current Lot 5 (Osborn Avenue lot), remove the house from Lot 6 (Laurel Avenue lot), and adjust the lot line between the two lots under a subdivision which will create two more dimensionally conforming through lots, and to modify the landform of the new lot 6.01 through retaining wall construction and fill; and

WHEREAS, the Board held a hearing on 1219114, 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 presented at the hearing in connection with this application:
Jurisdictional Packet
A-1 Minor Subdivision Plan
C-1 Photographs taken by Mr. Robert F. Cox;
PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc., dated October 24, 2014
5. The properties in question are located approximately mid-block between Laurel Avenue and Osborn Avenue, and east of Riverview Drive, within the Borough's Residential Zone 2 (R-2). Each of the two lots that comprise the properties in question currently contain a frame dwelling along with various accessory structures, and together total over one acre of land. The Applicant proposes to retain the house on Lot 5 (Osborn Avenue lot), remove the house from Lot 6 (Laurel Avenue lot), and adjust the lot line between the two lots under a subdivision approval creating two dimensionally conforming through lots, and modify the landform of the new lot 6.01 through retaining wall construction and fill;
6. Based on the evidence and testimony provided, the Board granted the subdivision conditioned on the following:

a. The subdivision plan shall be revised to increase the street frontage for New Lot 6.01 from 95 feet to 100 feet on Osborn Avenue.
b. Applicant shall demolish the house, remove and fill in at the location of the existing house on current Lot 6 within one calendar year from December 9, 2014.
c. The Applicant has withdrawn the request to construct any retaining wall and no such wall is hereby approved.
d. The request to fill Lot 6.01 generally level with the previously proposed retaining wall was also withdrawn by the Applicant and is not approved. However the Applicant is granted approval to place, properly grade and stabilize, in or around Lot 6.01, the smaller amount of fill that would be generated from the soon anticipated construction of the house addition and new pool on Lot 5.01 as testified to by the Applicant's engineer. The Applicant is also granted bulk variance approval pursuant to N.J.S.A. 40:55D-70(c) to import the fill necessary to fill the basement of the existing house on current Lot 6 which is to be demolished within one year from the date hereof as otherwise stated herein. Changes in lot grading shall be subject to Grading plan review through the Borough Zoning department.
e. Any new residential home constructed on Lot 6.01 shall face Osborn Avenue unless relief from this condition is first obtained from this Board.

f. If utility connections are required for either parcel, Applicant shall be required to perform enhanced trench restoration in streets affected by the utility connection.
7. 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 10/24/14 and entered into evidence as PB-1 at the Planning Board Hearing on 1219114.
8. With regard to the application, no new variances were granted except for fill necessary to fill the basement of a house to be removed as stated hereinafter.
9. The subdivision will be perfected by filed map in accordance with N.J.S.A. 40:55D-52 and N.J.S.A. 40:55D-54. Applicant shall submit the proposed Map to Alan Hilla, Planning Board Engineer, for approval, prior to filing.
10. Applicant shall have 190 days from the passage of this Resolution to perfect this subdivision by filing of the aforesaid map.
11. If applicant fails to perfect the minor subdivision within 190 days from the passage of this Resolution, 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.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of
Brielle, that applicant's minor subdivision and variance application to subdivide the existing two lots into two more dimensionally conforming through lots is hereby approved subject to the following conditions:
A. New Lot 6.01 shall have 100 feet of frontage on Osborn Avenue.
B. Applicant shall demolish the house, remove and fill in at the location of the existing house on current Lot 6 within one calendar year from December 9, 2014.
No retaining wall is approved as part of this application.
The request to fill Lot 6.01 generally level with the previously proposed retaining wall was withdrawn by the Applicant is not approved. However the Applicant is granted approval to place, properly grade and stabilize, in or around Lot 6.01, the smaller amount of fill that would be generated from the soon-anticipated construction of the house addition and new pool on Lot 5.01 as testified to by the Applicant's engineer. The Applicant is also granted bulk variance approval pursuant to N.J.S.A. 40:55D-70(c) to import the fill necessary to fill the basement of the existing house on current Lot 6 which is to be demolished within one year from the date hereof as otherwise stated herein. Changes in lot grading shall be subject to Grading plan review through the Borough Zoning department.
E If utility connections are required for either parcel, Applicant shall be required to perform enhanced trench restoration in streets affected by the utility connection.
F Any new residential house constructed on Lot 6.01 shall face Osborn Avenue unless relief from this condition is first obtained from this Board.

G. 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 10/24/14 and entered into evidence as PB-1 at the Planning Board Hearing on 1219114.

H. With regard to the application, no new variances were granted except for fill necessary to fill the basement of a house to be removed as stated herein.

I. The subdivision will be perfected by filed map in accordance with N.J.S.A.

40:55D-52 and N.J.S.A. 40:55D-54. Applicant shall submit the proposed

Map to Alan Hilla, Planning Board Engineer, for approval, prior to filing.

J. Applicant shall have 190 days from the passage of this Resolution to

perfect this subdivision.

K. If applicant fails to perfect the minor subdivision within 190 days from the passage of this Resolution, 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.

A motion to approve the above Resolution was made by Mr. Sigler, seconded by Mr. Langenberger and the following roll call vote:

Ayes: Mayor Thomas Nicol, James Langenberger, John O'Donnell, Charles Sarnasi, Tim Sigler

Noes: None

Not Eligible to Vote: Councilman Frank Garruzzo, Gina Murdoch, James Stenson

Mrs. Brisben informed Mr. Clark that new, revised plans have not yet been received and Mr. Clark said he spoke to Mr. Vitiello, the attorney for the Rodricks, on this matter and they know they have to get revised plans into the Board for a review by Mr. Hilla to finalize this subdivision.

As there was no other business to come before the Board, a motion to adjourn was made by Councilman Garruzzo, seconded by Mr. Sigler and unanimously approved by the Board, all aye. The meeting was adjourned at 7:42 pm.
Approved:

 

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