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A Community by the River

Borough of Brielle, NJ


April 14, 2015

June 16 2015

April 14th, 2015

BRIELLE PLANNING BOARD
TUESDAY, April 14, 2015

The Regular meeting of the Brielle Planning Board was held on Tuesday, April 14, 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, Charles Sarnasi, James Stenson, Terre Vitale

Absent - John O'Donnell, Tim Sigler

Also present was Carol McMenamy, Recording Secretary, Joe Clark, Esq., Board Attorney and Al Hilla from Avakian Engineering. There were 30 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 March 10, 2015 meeting were approved on a motion by James Langenberger, seconded by Mrs. Murdoch and approved by voice vote, all aye.

CORRESPONDENCE:

January/February 2015 Issue of the NJ Planner

OLD BUSINESS:

The Board turned to a Resolution of approval for a variance application for Block 55.01, Lot 2, 506 Leslie Avenue, owned by Shawn Teicher, to allow construction of a new 10 x 7 foot covered deck on the rear dwelling.

As all Board members had received a draft copy and there were no changes or recommendations, the following Resolution 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 APPLICATION OF SHAWN TEICHER FOR PROPERTY KNOWN AS LOT 2 IN BLOCK 55.01

WHEREAS, SHAWN TEICHER ("Applicant") has applied to the Planning and Zoning Board ("Board") of the Borough of Brielle seeking a variance for the property located at 506 Leslie Avenue in the Residential Zone 4 (R-4) and known as Block 55.01, Lot 2 (hereinafter "property or parcel"), on the tax map of the Borough of Brielle; and

WHEREAS, the property is 40 feet by 140 feet with 2 residences on the property, which is a pre-existing, non-comforming use; and

WHEREAS, the proposed variances will maintain the existing structures currently comprising 506 Leslie Avenue; and

WHEREAS, this application specifically requires the following variances for §21-13.1:

a. construction of a new 12 foot by 7 foot porch on the accessory structure;
b. extension of the roof on the accessory structure to add 2 additional feet over the proposed new porch;
c. permission for more than one residence on the property.

WHEREAS, the Board held a hearing on February 10, 2015, 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 presented at the hearing in connection with this application:
a. Jurisdictional Packet
b. January 12th, 2015 Zoning Permit Denial
2. Testimony from Shawn Teicher, that the accessory structure is a bungalow in use for a number of years as a pre-existing non-conforming use. Applicant further testified that the proposed use of the accessory structure would be in the summer only. Applicant further testified that:
3. Based on the evidence and testimony provided the Board granted the variances, conditioned on the following:
a. The accessory structure may be occupied only during the period of time from Memorial Day to Labor Day each year, in keeping with the structure's pre-existing, non-conforming use as a summer residence;
b. The accessory structure shall not be heated;
c. The proposed porch shall not be enclosed in any way; and

NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that applicant's application for variances from §21-13.1 is hereby approved subject to the following conditions:

a. The accessory structure may be occupied only during the period of time from Memorial Day to Labor Day each year, in keeping with the structure's pre-existing, non-conforming use as a summer residence;
b. The accessory structure shall not be heated; and
c. The proposed porch shall not be enclosed in any way.

Adopted on a roll call on a motion by Councilman Frank Garruzzo and seconded by Terre Vitale. Jim Stenson abstained.

The foregoing is a true copy of a resolution adopted by the Planning Board of the Borough of Brielle at its meeting on as copied from the Minutes of said Meeting.

Tom Condon then turned to the continuation of the hearing for application for minor subdivision for Block 61, Lots 6.01, 6.02 & 6.03, as known as 22 Crescent Drive, owned by Michael Cintrella. The application is to create three buildable lots. Mr. Henderson representing the applicant came forward and stated he had received a call from Mr. Liston who is representing some objectors. Mr. Henderson reminded the Board at the last meeting the applicant had concluded its case, the last witness had been called and the meeting was being opened to the public. Mr. Condon reminded the audience of the time limit of 45 minutes and asking people to limit themselves to less than five minutes. Mr. Liston explained to the Board that he has advised his clients to not repeat what has been already said but to agree with if that is how they feel.

Mr. Liston then introduced himself. He is an attorney from Toms River representing Joseph & Janice Natoli 2 Crescent Drive, Steven & Mette Hegna 4 & 23 Crescent Drive, Christian & Carrie Siano, 5 Crescent Drive, Brian & Patricia Kimmins 8 Crescent Drive, Christopher & Kelly Kaisand 13 Crescent Drive, Daniel & Diane Keating 15 Crescent Drive, Anthony & Katie Knapp 16 Crescent Drive, Edward & Jody Grimm 21 Crescent Drive and Peter & May Petracco 7 Crescent Drive.

Mr. Liston then raised a jurisdictional issue based on the review of the Borough ordinance 24-9.1(Design Standards). Mr. Liston cited Ord. 24-9.2 f. “Subdivisions that adjoin or include existing streets that do not conform to width as shown on the Master Plan or the street width requirements of this Ordinance shall dedicate additional width along either one or both sides of said road. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be conveyed to the municipality.” He continued that the sub-division does side on an under-sized street. If the applicant is seeking a variance for that so not to dedicate further property to Donnelly Place then he believes the applicant should have noticed for that.

Attorney Joe Clark responded that he must take a further look at the ordinance. Tom Condon said that the road was an access road not a dedicated street. Mr. Liston further stated that Donnelly Place is indicated on the Tax map. The sub-division would make the variance greater than original stated in application.

Mr. Condon felt the issue should have probably been addressed at the last meeting and not in the open public session. Mr. Liston added he intended to have his planner testify to his view of whether or not a variance is needed. He added that he felt the Board should listen to the Planner to preserve a record of appeal. Mr. Liston continued on about his feelings for the land use law of 10 days-notice and how he felt it was insufficient. Mr. Liston pleaded with the Board to allow the other residents to present a witness before the Board makes a decision.

Mr. Hendrickson reminded the Board that the residents were represented by an attorney at the last meeting. And they did not say anything at the last meeting. Mr. Hendrickson then added in reference to the jurisdictional issue that it was not written up in the letter of denial and they have included the catch all for any and all variances determined to be required by the Board.

Mr. Liston believes that jurisdiction is lacking because the applicant did not notice sufficiently. He makes the argument to put it on the record for purposes of appeal.
Councilman Garruzzo voiced his opinion that the Board should consider whether they need to review the application because of the ordinance which is being questioned by Mr. Liston. He felt it was prudent to look at whether that should be a part of this application. Councilman Garruzzo felt that was a bigger issue than whether the planner could testify or not.

Mr. Liston felt the Board needed to determine that issue of whether there was jurisdiction because on an appeal it would be the first thing looked at. Mr. Liston reiterated his feelings on the needed variance and proper notice.

Mayor Nicol made a suggestion that the Board should adjourn this portion of the meeting until the Board Attorney and Board engineer had an opportunity to look into this further. Mr. Condon and the board agreed that this would be in the best interest. Mr. Henderson stated his position that he felt they should not have to start over with the application. Mr. Condon carried the application until May 12th, 2015 on a motion from Jim Stenson seconded by Councilman Garruzzo and approved by voice vote, all aye.

The Board turned to a Resolution of approval for a Minor Subdivision from 2007 that was never perfected for Block 23.01 Lot 1 646-650 Agnes Avenue, now owned by Liberty developers, to create two buildable lots.

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

AMENDED RESOLUTION OF APPROVAL OF THE BRIELLE BOROUGH PLANNING AND ZONING BOARD, COUNTY OF MONMOUTH AND STATE OF NEW JERSEY WITH RESPECT TO THE MINOR SUBDIVISION AT 646-650 AGNES AVENUE, BLOCK 23.01, LOT 1

WHEREAS, on or about October 9, 2007 the Planning Board of the Borough of Brielle ("Planning Board'') passed a resolution permitting a Minor Subdivision at 646-650 Agnes Avenue Block 23.01. Lot 1; and

WHEREAS, the Planning Board made the following findings of fact and law in the October 9th, 2007 resolution:

1. The property is designated as Block 23.01, Lot 1 on the municipal tax map.
2. The property is located in the R-3 zone.
3. The lot is irregularly shaped, vacant, has a bulk area of approximately 1.13 acres and is located on the eastern corner of Agnes Avenue and Old Bridge Road. Applicant proposes to subdivide the property into two lots and construct a single-family residential dwelling on each lot.

4. The following variances result are required:

Item Required Provided
Minimum front 30 feet 27.32 feet
(proposed Lot 1.01)
§21-9.16 no filling of property in excess of property to be filled
2 feet 2 feet or more
Birdsall Engineering. Inc. prepared reports to the Board dated August 11th, 2006 and June 26th, July 23rd and August 3rd, 2007. The Board adopts the findings in those reports and incorporates those documents in this resolution by reference.

5. The Monmouth County Planning Board granted Conditional Final Subdivision Approval on November 16th, 2006 and Final Subdivision Approval on April 4th, 2007.

6. Applicant by her son-in-law Sal Giordano, III represented to the Board that a letter of interpretation was obtained from the New Jersey Department of Environmental Protection (''NJDEP") and that certain deed restrictions were required by the NJDEP as a condition of approval.

7. Board Engineer, Alan P. Hilla. Jr. recommended that: (a) the development plan locate existing and proposed water and sewer services: (b) documentation of the NJDEP letter of interpretation and transition area conditions be submitted for review; (c) the subdivision be perfected by map in order to make it graphically apparent to subsequent property owners that the lots are encumbered by environmental restrictions; ((I) a grading plan be submitted to determine the extent of the deviations from §21-9.16; (e) the proposed front and rear stoops be graphically depicted to determine if any of those structures are 3 feet or more in height (if the stoops exceed 3 feet in height, the ordinance provides that there are structures which must comply with front and rear setback requirements): and (f) applicant provide documentation from her engineer that moving the proposed house on new Lot 1.01 in a westerly direction would violate the 50 foot minimum transition area setback established by the NJDEP.

8. The Board finds and determines that:
(a) all engineering issues have been addressed and corrected in accordance with reports prepared by Birdsall Engineering, Inc.
(b) the attached garage on proposed Lot 1.01 is setback 27.32 feet from Old Bridge Road instead of the required setback distance of 30 feet. This variance condition results from two factors. First, the westerly sideline of proposed Lot 1.01 is not perpendicular to the front property line along Agnes Avenue. Second the setback distance is decreased based upon part of this lot being dedicated to Monmouth County for road widening purposes. For these reasons, the Board determines that an exceptional situation uniquely affecting this property causes the variance condition and relief is warranted. The Board notes that most of the garage is setback at least 30 feet from Old Bridge Road and that the variance condition is limited to the setback at the northwest corner of the garage.
(c) applicant has provided sufficient information to satisfy engineering requirements relating to the change of elevation in excess of the maximum allowable change of two feet.
(d) the proposed area of each lot is substantially in excess of the minimum requirements.
(e) except for the condition relating to the setback of the attached garage on proposed Lot 1.01 the proposed single-family residential structure on each lot will comply with all bulk requirements of the zoning ordinance.
(f) this property is substantially impacted by wetlands and transition areas, which restrict the location of the building envelopes on each lot.
(g) the proposed lots are reasonably configured to accommodate the construction of two new residential dwellings.
(h) the proposed lots will provide adequate light, air and open space between the proposed structures and neighboring properties.
(i) the proposed subdivision complies with all municipal subdivision regulations.

9. The relief requested can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning ordinance and master plan of the municipality.

WHEREAS, the Planning Board approved the application permitting a Minor Subdivision at 646-650 Agnes Avenue Block 23.01, Lot 1 on October 9, 2007 subject to the following conditions:

1. Applicant shall apply for and receive approvals from all other municipal county, state and federal agencies having regulatory jurisdiction over this development application.
2. Applicant shall pay all real property taxes through and including the calendar quarter of the date of this resolution.
3. Applicant shall file all required performance bonds, maintenance guarantees and post all applicable engineering and inspection fees.
4. Applicant shall comply with all requirements in the reports prepared by Birdsall Engineering Inc.
5. Applicant shall comply with all requirements contained in the conditional Final subdivision approval and final subdivision approval of the Monmouth County Planning Board.
6. This development approval shall be null and void unless applicant files a minor subdivision map in accordance with the time period provided under the Municipal Land Use Law.
7. Certified copies of this resolution shall be forwarded to the applicant, Borough Construction Official, Zoning Officer and all other parties in interest.

WHEREAS, on September 6th, 2008 the Permit Extension Act (N.J.S.A. 40:55D-136.1 et seq.) was signed into law; and
WHEREAS, the purpose of the Permit Extension Act was to revive and extend State, county, and local government approvals in an effort to provide the regulated community, developers, property owners and the real estate sector with relief in recognition of the economic downturn; and
WHEREAS, since October 9th, 2007, the property has changed hands numerous times, without perfection of the subdivision; and
WHEREAS, Liberty Developers (“Applicant") is the current owner of the property and has indicated a desire to develop the property; and
WHEREAS Liberty Developers has represented to the Planning Board as follows:
(a) It will comply with all Federal, State and local rules, regulations, statutes and requirements currently in effect;

(b) It will perfect the previously granted by filing of map within 95 days of the date of this resolution;

(c) It will comply with all terms and conditions in the October 9th, 2007 resolution insofar as those conditions are not contrary to current Federal, State and local rules, regulations, statutes and requirements;

(d) It will submit individual Grading and Improvement plans based on appropriate vertical datum (NAVD 88) in keeping with the conditions depicted on the plan:

(e) It will complete any permitting resulting from new FEMA flood zone delineations;

(f) It will confirm the validity of any existing permits issued by any Federal or State authority and comply with same.

(g) It will establish a minimum surety guarantee of $29,700.00. a minimum cash guarantee of $3,300.00 and a minimum engineering inspection escrow of $1,375.00; and

(h) It will, prior to installing the bondable improvements related to this project, provide a copy of an insurance certificate naming the Borough of Brielle and Leon S. Avakian, Inc. as additional insureds;

NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle that the Planning Board acknowledges the prior approval of the subdivision application on October 7th, 2009 and reaffirms that approval 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 Federal. State and local rules, regulations, statutes and requirements and shall seek outside approvals as may be required from any governmental authority;
3) Applicant will perfect the previously granted subdivision by filing of map within 95 days of the date of this resolution;
4) Applicant will comply with all terms and conditions in the October 9th, 2007 resolution insofar as those conditions are not contrary to current Federal, State and local rules, regulations, statutes and requirements;
5) Applicant will perfect the previously granted subdivision by filing of map within 95 days of the date of this resolution;
6) Applicant will submit individual Grading and Improvement plans based on appropriate vertical datum (NAVD 88) in keeping with the conditions depicted on the plan;
7) Applicant will complete any permitting resulting from new FEMA flood zone delineations:
8) Applicant will confirm the validity of any existing permits issued by any Federal or State authority, and comply with same;
9) Applicant will establish a minimum surety guarantee of $29.700.00, a minimum cash guarantee of $3.300.00, and a minimum engineering inspection escrow of $1,375.00: and
10) Applicant will, prior to installing the bondable improvements related to this project, provide a copy of an insurance certificate naming the Borough of Brielle and Leon S. Avakian. Inc. as additional insureds.

Adopted on a roll call on a motion by Councilman Frank Garruzzo and seconded by James Stenson.

The foregoing is a true copy of a resolution adopted by the Planning Board of the Borough of Brielle at its meeting on April 14th, 2015.

NEW BUSINESS:

The next item was an application for variance relief for Block 99.02, Lot 11, 923 Cole Drive, owned by William & Marilyn Koczan, to allow construction of a new covered front porch & first floor addition to an existing single family dwelling. Minimum Front Yard Setback 40 feet required, 36.4 feet proposed. Minimum Side Yard 10 feet required, 9.8 feet & 9.3 feet proposed to existing dwelling & addition.

The fees were paid, taxes are paid to date & the newspaper as well as property owners within 200 feet were properly notified. Mr. Jim Carton came forward to testify for the Koczan.

Mr. Carton started by citing the ordinance in which they would need a variance. The actual setback would be 37.25 ft. Before continuing, Mr. Clark marked the exhibit: A-1 copy of the front elevation. Mr. Carton stated the curvature of Cole Drive results in a shorter overall depth of the west corner of the property. The current home is a two bedroom and the proposed plans call for a three bedroom. All other setbacks are well within code.

Mr. Condon turned to the board for any questions. The Board members had no questions for Mr. Carton and that portion was closed.

At this time the hearing was opened to the public for questions to Mr. Carton 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.

The Board having no comments, a motion to approve as presented was made by Jim Stenson seconded by Terre Vitale. Approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, Gina Murdoch, Jim Langenberger, Charles Sarnasi, , James Stenson, Terre Vitale

Noes: none

The final item was an application for variance relief for Block 16.01, Lot 5, owned by Alan & Bethany Franke, known as 615 Bradley Avenue, to allow an addition to an existing single-family dwelling. Minimum Lot Size - 11,250 square feet; 6,739 square feet existing & proposed. Minimum Lot Depth - 125 feet required, 89.85 feet existing & proposed. Minimum Front Yard Setback - 30 feet required, 21 feet provided to front stoop.

The fees were paid, taxes are paid to date & the newspaper as well as property owners within 200 feet were properly notified. Mr. Langenberger stepped down from hearing the application due to a conflict. Mr. Alan Franke was sworn in.

Mr. Franke explained they were in front of the Board to be able to add on to their small cape. Their family has expanded by another child and kitchen is very small, 11 x 11. They hope to extend into the driveway area which is the west side of the house by 12 feet. And a portion of the house will extend two feet in the back. The new square footage would enlarge the kitchen, add a half bath and laundry room. He continued the added space upstairs would create two bigger bedrooms for their two children. He finished with the lot is a smaller sized lot causing the need for the variance.

Councilman Garruzzo asked Mr. Franke to clarify the addition. Mr. Franks responded they are planning on going up as well as out. They would remain a cape style house. He was also asked about the driveway by Jim Stenson. Mr. Franke replied they were moving the driveway over.

Mr. Condon asked if the brick wall was an existing wall. Mr. Franke said yes it is already there but a portion may need to be removed for the addition. Also the rear stoop would be removed.

At this time the hearing was opened to the public for questions to Mr. Franke and, hearing none, that portion was closed and it was opened again for general comments. Mr. Langenberger 618 Bradley Ave, voiced the addition that will be put on will be great the children and he is in favor of it. Mr. Jim Brzozowski 611 Bradley Ave added that he too was in favor of the application. As there were no further comments, that portion was closed and the Board went into discussion.

The Board having no issues with the application, a motion to approve as presented was made by Councilman Garruzzo seconded by Terre Vitale. Approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, Gina Murdoch, Charles Sarnasi, James Stenson, Terre Vitale

Noes: none

The Mayor reminded the applicate that anyone could appeal up to 45 days from today. Mr. Franke thanked the Board.

As there was no other business to come before the Board, a motion was made by Councilman Garruzzo to adjourn, this seconded by Mrs. Vitale and approved unanimously by the Board, all aye. The meeting was adjourned at 8:20 pm.




Approved:
Carol McMenamy
Acting Recording Secretary

 

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