A Community by the River

Borough of Brielle, NJ

February 10, 2015

March 23 2015

February 10th, 2015


The Regular meeting of the Brielle Planning Board was held on Tuesday, February 10, 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 Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Gina Murdoch, Tim Sigler

Absent - John O'Donnell, Charles Sarnasi, James Stenson, Terre Vitale

Also present was Karen S. Brisben, Recording Secretary, Joe Clark, Esq., Board Attorney and Greg Blash from Avakian Engineering (Mr. Hilla, Board Engineer, is away on vacation). There were 4 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 January 10, 2015 meeting were approved on a motion by Councilman Garruzzo, seconded by Mrs. Murdoch and approved by voice vote, all aye, except Mr. Condon who abstained.

Mr. Condon was sworn into office this evening as he was absent at the January re-organization meeting, he was sworn in as a Class 4 member through December 31, 2018.


Copies of notices to the DEP were received: Block 59, Lot 11-11.01, 8 Crescent Drive, owned by Brian Kimmins, to allow legalization of waterfront structures; and Block 49.01, Brielle Beach lot & unimproved Perry Place Right-of-Way, owned by the Borough of Brielle, to allow a one story metal building with concrete driveway, kayak racks, stone driveway/parking lot & split rail fencing.


The Board then considered an application for a Minor Subdivision for Block 31.01, Lot 5, 543 Woodland Avenue, owned by Robert & Jil Soriano. Lot Coverage - 20% allowed, 21.65% proposed for proposed lot 5.01. Driveway - 50 feet required for circular portion and 30 feet existing & proposed. Setback for driveway - 5 feet required,

1 foot proposed. Also, easterly part of circular driveway encompasses about 4 feet of frontage of proposed Lot 5.02.

Jil Soriano came forward and was sworn in, she and her family live at 543 Woodland Avenue and have been there since 1978. This existing home was built in 1987. They wish to split this property into two lots and she then referred to the Engineer's report: 1) Code 21-14, R-4 zone and the Engineer stated the new lot 5.01 that would keep the structure would now be over in lot coverage, 20% allowed, 21.65% proposed. She contacted her surveyor who felt it was 20% lot coverage, either way nothing can be moved from the structure; 2) Code 21-31, proposed lot 5.01 has a circular driveway which does not conform. They can do a 4 foot setback but this would make the driveway more nonconforming so they are asking to stay at a 1 foot setback and straighten out the driveway so it does not encroach on the other lot; 3) the engineer's report speaks of a pool deck but there is no pool there anymore, just the deck.

Mr. Blash spoke and said he recalculated the numbers after receiving a memo from the Soriano's surveyor and found they did not include the covered porch. Also, the plan is not to scale so it was a little difficult to come up with an accurate figure, the closest he came to was 21.65%. Mr. Condon asked if it's the porch that creates the variance and Mr. Blash said the structure itself is 20.8% and then 21.65% with the porch. He said there is a shed that could be removed but that would not make much of a difference.

Mr. Blash also referenced Mrs. Soriano's idea of straightening out the driveway to keep an encroachment off the new lot and he felt this will help with the new lot. He said there is a lot of fencing here that covers both yards and Mrs. Soriano said fencing will be removed.

Mr. Langenberger asked for clarification that there is no pool and Mrs. Soriano said there is no pool anymore. Mr. Langenberger commented that he sees this problem all over town with driveways and did not have an issue with this. Mrs. Murdoch said she would like to see the driveway straightened out. Mayor Nicol asked if there is no pool why a pool deck and Mrs. Soriano said the pool itself went away years ago but the wording of "pool deck" is still on the survey, they have just not taken it down. Mr. Sigler agreed with Mrs. Murdoch that the driveway should be straightened.

At this time the hearing was opened to the public for questions to Mrs. Soriano and, hearing none, that portion was closed and it was opened again for general comments. As there was no response to that, that portion was closed and the Board went into discussion.

Mr. Langenberger had no problem with the application; Mrs. Murdoch did not think it was an exorbitant amount over lot coverage and Mr. Sigler did not see any

detriment to the public or Zoning. Councilman Garruzzo and Mayor Nicol had no problem with the application, and Mr. Condon agreed with them.

The question was asked if the subdivision will be filed by map or deed and Mrs. Soriano said it will be filed by deed.

At this time Mr. Condon asked for a motion to approve the application with the conditions requested, a 21.65% lot coverage and the driveway straightened where it now encroaches the other proposed lot and have a 1 foot side yard setback here for the proposed new driveway section. This motion was made by Councilman Garruzzo, seconded by Mrs. Murdoch and approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Gina Murdoch, Tim Sigler

Noes: None

The next item for consideration was a Variance application for Block 55.01, Lot 2, 506 Leslie Avenue, owned by Shawn Teicher, to allow the construction of a new 12x7 foot covered deck on the rear dwelling. Use Variance - two dwellings existing on a property where only one is permitted. Minimum Lot Width -- 50 feet required, 40 feet existing & proposed.

The Board asked Mr. Teicher to come forward and Mr. Clark explained to him that this application requires 5 affirmative votes to be heard and, as both the Mayor and Councilman cannot hear it as it is a Use Variance, this application can't be heard this evening as there are only 4 eligible Board members present. Mr. Teicher asked if he could at least explain the situation but Mr. Clark told him they can't even discuss it. Therefore, this hearing will be heard at next month's meeting, on Tuesday, March 10 and Mrs. Brisben told him he will be first on the agenda and he does not have to do another notice to property owners or the newspaper. Mr. Condon apologized to Mr. Teicher for this but 5 members were supposed to be attending and one did not show up; Mr. Teicher said he understood and will be back in March.

As there was no other business to come before the Board, a motion was made by Councilman Garruzzo to adjourn, this seconded by Mr. Sigler and approved unanimously by the Board, all aye. The meeting was adjourned at 7:50 pm.

Karen S. Brisben, Recording Secretary