www.briellenj.com
A Community by the River

Borough of Brielle, NJ


September 8, 2015

October 01 2015

September 8th, 2015

TUESDAY, SEPTEMBER 8, 2015

The Regular meeting of the Brielle Planning Board was held on Tuesday, September 8, 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, Stacey Montalto, Charles Sarnasi, Tim Sigler, James
Stenson

Absent James Langenberger, John O’Donnell, Terre Vitale

Also present was Karen S. Brisben, Recording Secretary and Joe Clark, Esq., Board Attorney. There were 18 people in the audience and The Coast Star reporter recorded the meeting.

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 August 11, 2015 meeting were approved on a motion by Mr. Stenson, seconded by Mr. Sigler and approved by voice vote, all aye.

CORRESPONDENCE:

A letter requesting an extension of time for variance approval for 501 Union Avenue was received by R.D. Brkal, LLC. Mr. Clark explained that, under the Permit Extension Act, this can be granted to June 30, 2016. Mrs. Brisben said she would write to Robert Brkal and inform him of this extension approval.

OLD BUSINESS:

The Board turned to the approval of a Resolution for a Minor Subdivision for Block 31.01, Lot 17, 515 Woodland Avenue, owned by Timothy & Kathleen Kellers, Applicant Quincy Homes, LLC. As a draft copy had been sent to the applicant’s attorney and there were no changes or recommendations, the following was presented for approval:

WHEREAS, QUINCY HOMES, LLC (“Applicant”) has applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking a minor subdivision of the property located at 515 Woodland Avenue, in the Residential Zone 4 (R-4), and known as Block 31.01, Lot 17 (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS, The Board considered the following documents presented at the hearing in connection with this application:
Jurisdictional Packet
A-1 & A-2 Minor Subdivision Plan and Elevations of proposed houses;
PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc., dated July 27, 2015
WHEREAS the Board held a hearing on August 11, 2015, and at that time heard testimony from Mr. Charles Gilligan who stated that:
The proposed subdivision will create two 5,000 square foot lots with no additional variances;
Applicant is going to build two different homes and both will have the proper elevations;
The structures to be built will take up 19.98% of the lot coverage where 20% is allowed and Applicant realizes that no further structures can or will be built;
Applicant is not seeking impervious coverage variances.
One house currently exists on one of the proposed lots and Applicant intends to use existing utility lines if possible;
Applicant will be installing new utility lines for the other proposed lot and will repair the pavement after that work;
Applicant will install linear pipes surrounded by stone for drainage;
Applicant can fill in an area for tidal flooding;
Applicant needs to meet the flood elevation conditions;
There are no basements proposed.
The Assessor has approved new lot numbers, but Applicant is going to contact the Assessor about having them reversed.
Subdivision will be by deed, not map.
WHEREAS the Board, after carefully considering the evidence, has made the following factual findings and conclusions of law:
1. Quincy Homes, LLC has applied to the Planning and Zoning Board of the Borough of Brielle seeking a minor subdivision of the property located at 515 Woodland Avenue, in the Residential Zone 4 (R-4), and known as Block 31.01, Lot 17, on the tax map of the Borough of Brielle into two equal lots of 5,000 square feet each;
2. The proposed subdivision will create two 5,000 square foot lots with no additional variances;
3. Applicant is going to build two different homes, one on each lot, and both will have the proper elevations;
4. The structures to be built will take up 19.98% of the lot coverage where 20% is allowed and Applicant realizes that no further structures can or will be built;
5. Applicant is not seeking impervious coverage variances.
6. One house currently exists on one of the proposed lots and Applicant intends to use existing utility lines if possible;
7. Applicant will be installing new utility lines for the other proposed lot and will repair the pavement after that work;
8. Applicant will install linear pipes surrounded by stone for drainage;
9. Applicant can fill in an area for tidal flooding;
10. Applicant needs to meet the flood elevation conditions;
11. There are no basements proposed.
12. The Tax Assessor has approved the new lot numbers they provided on the plans but Applicant is going to contact the Assessor about having the numbers reversed;
13. Subdivision will be by deed, not map.
WHEREAS based on the evidence and testimony provided, the Board granted the subdivision conditioned on the following:
a. Applicant shall pay all taxes and other applicable assessments, costs and fees to date, as applicable.
b. Applicant shall comply with all requirements and outside approvals as may be required from the Borough of Brielle or any other governmental authority.
c. Any repair work that occurs to the pavement after installation of new utility lines must be to Alan Hilla, Planning Board Engineer’s specifications;
d. Applicant must install linear pipes surrounded by stone for drainage for each home;
e. Applicant will satisfy the flood damage ordinance by meeting advisory base flood elevations;
f. Applicant shall perfect the minor subdivision within 190 days from the date of this resolution.
g. Prior to perfection by deed, Applicant must submit deed to the Board Engineer for review and approval of all conditions set forth in this Resolution.
h. Prior to perfection by Deed, Applicant must submit the proposed new lot numbers to the Tax Assessor for review and approval.
i. Upon perfection of the minor subdivision, applicant shall record a copy of this resolution with the deeds and/or plat.
j. 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.
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. Applicant shall pay all taxes and other applicable assessments, costs and fees to date, as applicable.
b. Applicant shall comply with all requirements and outside approvals as may be required from the Borough of Brielle or any other governmental authority.
c. Any repair work that occurs to the pavement after installation of new utility lines must be to Alan Hilla, Planning Board Engineer’s specifications;
d. Applicant must install linear pipes surrounded by stone for drainage for each home;
e. Applicant will satisfy the flood damage ordinance by meeting advisory base flood elevations;
f. Applicant shall perfect the minor subdivision within 190 days from the date of this resolution.
g. Prior to perfection by deed, Applicant must submit deed to the Board Engineer for review and approval of all conditions set forth in this Resolution.
h. Prior to perfection by Deed, Applicant must submit the proposed new lot numbers to the Tax Assessor for review and approval.
i. Upon perfection of the minor subdivision, applicant shall record a copy of this resolution with the deeds and/or plat.
j. 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.
A motion to approve the above Resolution was made by Mr. Stenson, seconded by Councilman Garruzzo and then approved by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas
Condon, Stacey Montalto, Charles Sarnasi, Tim Sigler, James
Stenson

Noes: None

Mr. Condon then announced that the Resolution denying the Verizon Wireless application would have to wait until the October meeting of the Board for approval as only 3 Board members are eligible to vote on it and only one of those Board members was present this evening. It will be voted on at the October 13th meeting of the Board.

NEW BUSINESS:

The first item was an application for variance relief for Block 55.01, Lot 7, known as 501 Green Avenue, owned by Michael & Stacey Montalto, to construct an addition to an existing home. Minimum Lot Size 7,500 square feet required, 7,250 square feet existing. Minimum Lot Width 75 feet required, 50 feet existing. Minimum Front Yard Setback 25 feet required, 16.1 feet existing to Manasquan Avenue Right-of-Way. Maximum Lot Coverage 20% maximum, 23.52% existing, 25.96% proposed. The correct fees were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified.

Let it be noted for the record that Ms. Montalto is a member of the Planning Board and stepped off the dais to present this application. Both she and her husband, Michael Montalto, were then sworn in and gave their address as 501 Green Avenue.

Ms. Montalto explained they are seeking variance relief to build a single story addition to their home, they have 3 girls ages 15, 12 and 9 and moved here from New York State back in 2010. They love living in Brielle in their small home and now want to make it better by: 1) mitigating the flood risk, 2) fixing the safety of the glassed sunroom and 3) making the home bigger. They plan to remove the glass sunroom and put in an addition instead, this plan requires variance relief and will not have a negative impact on the area and will be in keeping with the character of the neighborhood.

At this time Mr. Condon asked to see a copy of the list of property owners; after looking it over he realized he had to recuse himself from this hearing due to a conflict of interest and he stepped off the dais, Mr. Stenson then took over as Chairperson.

Ms. Montalto continued and said there is no way to increase their lot size or lot width, there is no vacant land by them. The Minimum Front Yard required is 25 feet but they are staying within the current setbacks so will keep the current frontage of 16.1 feet to the Manasquan Avenue Right-of-Way. The old sunroom does not have tempered glass and they felt this was hazardous and that all improvements are in the rear of the property. They would have to do extensive re-designing of the home to make this fit within the zoning requirements.

She went on to say they purchased the home with 23.52% coverage and they wish to add to it to make a 25.96% coverage. The addition is limited to a 6 foot privacy fence and will be a single story so it will not impact the neighbors.

They also request this addition so they can minimize the use of their basement that is being used as a storage area and also for storage for kitchen supplies as their current kitchen is small. The basement also has an unfinished playroom but they are concerned with flooding as they had about $80,000 worth of damage from Hurricane Sandy and they want to rely less on the basement.

Councilman Garruzzo asked how much further out are they going from their house for this addition and was told about 60 inches and they will be going straight back. She also told the Board there will be a new roof line and they plan to follow all fire and safety codes, there will still be room in the back yard for a patio and fire pit. Mr. Sigler asked if she was over the flood elevation and she said yes, the first floor did not flood. Mr. Sarnasi asked if the addition will be on a crawl space and she said yes, there will be no basement here. Mr. Stenson wanted it verified there is no front yard setback change and Ms. Montalto said there will be no change.

At this time the hearing was opened to the public for questions to the Montaltos and, hearing none, that portion was closed. The Board then went into discussion and Councilman Garruzzo felt it was a good presentation, he had no problems or concerns and the rest of the Board agreed with him. The hearing was opened again to the public, this time for general comments again there was no response so that portion was closed.

At this time Councilman Garruzzo made a motion to approve the application, as presented, this seconded by Mr. Sarnasi and then by the following roll call vote:



Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Charles Sarnasi,
Tim Sigler, James Stenson

Noes: None

At this time both Mr. Condon and Ms. Montalto came back on the dais as Board members. The next item for consideration was an application for variance relief for Block 54, Lot 2, known as 401 Laurel Avenue, owned by Michael & Lorraine Zimmermann, to allow construction of a new single-family dwelling, in-ground pool, dock & mooring piles. Minimum Lot Width 125 feet required, 100 feet existing. Front Yard Setback 40 feet required, 17 feet provided to Laurel Avenue Right-of-Way. Existing garage to remain, located within front yard setback of Osborn Avenue, 2.8 feet from Right-of-Way. Side Yard Setback for existing garage 5 feet required, 4.8 feet existing. CAFRA permit required for all development within 150 feet of Mean High Water Line. The correct fees were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified.

Mr. Mark Aikins, Esq. came forward to present this hearing for Mr. and Mrs. Zimmermann. He explained they wish to take an old home down but keep the garage and rehabilitate it. He then asked Mr. Robert Burdick, Engineer & Planner as well as Brian Berzinskis, Architect, to come forward and be sworn in and this was done. The Board was familiar with Mr. Burdick and Mr. Berzinskis said his office is as 231 Highway 71 in Manasquan and he has been an architect for 3 years, licensed in New Jersey; he has testified in Belmar, Wall Township and Spring Lake. The Board accepted both men as expert witnesses.

Mr. Clark then marked the following:

A-1. The application package.
A-2. The floor plan and elevation.
A-3. the Front Elevation & home plan.
A-4. The Site Plan.

Mr. Berzinskis said the home has been vacant for 4 years and now has mold and such, the new home will be in a similar position to the one that is existing but the new home will be 17 feet back which is better than the existing structure. It will conform to the west side of the property and the existing home does not conform. He said the existing home is not habitable and he did not think it can be restored. He then referred to Exhibit A-2 and noted the first floor area will protrude to Laurel Avenue, this on the waterfront side. Mayor Nicol asked if the house front on Laurel Avenue and the answer was yes. He said the new home will have shaker style siding and showed this on Exhibit A-3; this is common to the Brielle neighborhood.
Mr. Aikins asked about the time for construction and Mr. Berzinskis said they wish to start as soon as they can. In regards to the garage being restored, it is detached and they will be renovating it to match the new home which will be a definite improvement. Mr. Sarnasi asked if the new home will have a basement and the answer was yes. Mr. Stenson was confused as to the number of bedrooms and was shown on the plan there will be two on the first floor, as well as a Master Bedroom and two others on the second floor. Councilman Garruzzo asked how much more square footage will there be in the new home and Mr. Berzinskis said he did not know the square footage of the existing home but the building coverage is now 15% and they propose building coverage of 16.8%.

As the Board had no further questions the hearing was opened to the public for questions to Mr. Berzinskis and, as there were none, that portion was closed and Mr. Burdick came forward; he did the Plot Plan for the Borough and CAFRA. He said this is a unique property and is at the corner of Osborn Avenue and Laurel Avenue on the Manasquan River. The old dock was destroyed in Hurricane Sandy and it will be rebuilt, they are keeping the garage off Osborn Avenue. He then went over the following: 1) they have 100 feet in width and need 125 feet, 2) they want to keep the garage which has two nonconformities but it pre-existing and has been there since pre-1970s, 3) a variance is required for the front yard setback as this is a corner lot and requires 40 feet and they have 17 feet to Laurel Avenue. They are eliminating the 9.8 foot setback as the old home had this and the new one will comply with the side yard setback.

He felt the variance requests are relatively small and the new home will fit in the area, there are minimal changes as there is no intensity of use and the property will be closer to conformance than the existing one. Also, the plan complies with the Municipal Land Use Ordinance. He had the reviews from the Police Department and Fire Company and both had no objections to this plan. He also had the letter from the Zoning Officer and they have provided grading plans and they do not anticipate soil removal. They are applying for CAFRA approval and also have applied to Freehold Soil Conservation, all this will be taken care of at time for Building Permits. Mr. Burdick said there is no detriment to the Zoning Ordinance or Master Plan or public good.

Ms. Montalto asked if the garage has habitation issues and Mr. Burdick said no, the house had roof leakage but the garage is okay. Mr. Sarnasi asked if the home will be in line with the others in the area and Mr. Burdick said it will fit in with the home to the west. Mr. Sarnasi asked what is opposite the driveway on Laurel and was told a large home that this new house will line up with as well and there is a large estate across the street. Mr. Sarnasi asked how the percentage of lot coverage was calculated and Mr. Burdick said they used the upland area, not any riparian rights area. He also added the home will not go over the height limit. Mr. Sigler asked about drainage and Mr. Burdick said they will provide a drainage system.

At this time the hearing was opened to the public for questions and, as there were none, that portion of the hearing was closed. It was then opened for comments and again there was no response so that was also closed and the Board went into discussion. Ms. Montalto felt it was well thought out and she had no objections. Mr. Sarnasi said he usually likes to see new construction follow the required setbacks but felt, in this location, it was fine. Mr. Stenson felt it was attractive and will help the neighborhood and the rest of the Board agreed with the comments made. Mr. Condon noted that he was familiar with Mr. Zimmermann’s construction work and he does a nice job.

At this time a motion was made by Mr. Stenson to approve the application as presented, this seconded by Councilman Garruzzo and then by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon,
Stacey Montalto, Charles Sarnasi, Tim Sigler, James Stenson

Noes: None

The last item for the evening was an application for variance relief for Block 10.01, Lot 12, known as 611 South Street, owned by Kevin & Tara Holly and Fred French, to allow interior alterations, including a kitchen relocation, replacement of front porch, & balcony replacement at front of existing dwelling. Minimum Lot Area 11,250 square feet required, 7,625 feet existing. Minimum Lot Width 75 feet required, 53.23 feet existing. Rear Yard Setback 35 feet required, .04 feet existing (entire existing dwelling is located within the rear yard area). Minimum Side Yard Setback 10 feet required, .17 feet existing to east side lot line. Portions of proposed porch & balcony will be constructed within the Side Yard Setback.

The correct fees were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified. Mr. Condon lives with 200 feet of this property and was one of the property owners notified so he had to step off the dais and Mr. Stenson took over as Chairperson. Kevin and Tara Holly then came forward and were sworn in.

Mrs. Holly told the Board they want to replace the kitchen, remove the second floor deck and put in a patio. The home is 100 years old and it is totally nonconforming, it already has an existing deck and the new patio to be put in will be smaller. Mr. Holly added there is an alcove that will be enclosed, that is the only “addition”. Mr. Stenson then confirmed that they are taking off the second story deck and putting in a patio and Mr. Holly said yes. Mrs. Holly said it was hard to see on the plans, in black and white, but she showed where the alcove is that will be enclosed. Mr. Clark noted this is shown on the plan on page A2.2.

Ms. Montalto asked what requires the variances and Mrs. Holly referred to page A-00 of the plans. There is a one foot x eight foot section where the new patio will be and is what the variance is needed for. She admitted this is confusing as the existing home is set so far back on the property. Mr. Sigler noted they would really need variance approval for anything they want to do as the total home is nonconforming. Mrs. Holly said they have lived here for 40 years. Mr. Sarnasi asked about how far back was the home behind them and Mr. Holly said about 12 feet. He then asked if they will be re-siding and the answer was yes.

As there were no more Board questions the hearing was opened to the public for questions only and Susan and Frank Tunstead of 702 Union Lane came forward. Mrs. Tunstead asked about the garage apartment and Mrs. Holly said it has been there since they owned the home. Mrs. Tunstead then asked when the kitchen was removed and Mrs. Holly said there never was a kitchen there Mrs. Tunstead said there was a kitchen there but Mrs. Holly said there is a kitchen in the home and not the garage apt. At this time Mr. Stenson reminded Mrs. Tunstead this is the time for questions only on the application itself. Mrs. Tunstead then asked about an emergency and fire company access. Mr. Stenson felt that should be addressed during the comment portion of the hearing and not the question portion.

Mrs. Tunstead then asked about the roof and Mrs. Holly said the Zoning Officer did not comment on it in her Letter of Denial, so there is no problem with the roof. Mrs. Tunstead asked if the granting of the variance will improve the yard appeal and Mrs. Holly said yes. Mrs. Tunstead said there are toys all over the yard and asked how they will be accommodated and Mrs. Holly said they have kids and they have toys. At this time Councilman Garruzzo told Mrs. Tunstead her questions were to be on the application only. Mr. Tunstead asked if they will be building onto the garage apartment and Mrs. Holly said no, they are just making the roof better. Mrs. Tunstead told the Board this is a two family home and Mr. Stenson that is pre-existing and not part of the application. Mr. Tunstead wanted to know if they wanted to paint or repair can they do that and Mayor Nicol said they can do painting, repairs may need building permits. Mr. Tunstead said this home is right on the property and can they use his property to do work? Mr. Holly said they have asked permission from the Tunsteads in the past to do work on the back of the home with no problems, this work will be in the front of the home.

As there were no more questions, that portion of the hearing was closed and it was then opened again, this time for general comments and the Tunsteads again came forward. Mrs. Tunstead felt that many variances have been granted in this neighborhood, some she was for and some against and she regrets she never approached the ones she was against. They have tried to be good neighbors and have let them use their property before. This is a two family property and done before the new codes were enacted. These plans include a Master Suite and there has been a father/daughter condition here. She went on to say that a fire can only be fought from the front of the building and this means a fire in the back of the home will be a hazard as fire equipment will have a problem in fighting a fire. A portion of the garage will have a new roof and will that roof meet the code? The recent new siding does make a difference and it is not the structure but the yard that is the issue, the front yard is loaded with toys and a pool and will the variance help that front yard appeal? Variances are there and they want to add more to it. Mrs. Tunstead questioned this and did not think they had a valid reason for approval.

As there were no further comments that portion of the hearing was closed and the Board went into discussion. Ms. Montalto felt the changes to the outside were for aesthetic reasons and they are not changing the setbacks, the lot is unusual but it is what it is; they cannot help the existing nonconformities and she had no issues with this application. Mr. Sarnasi felt the front yard will be improved and they are not changing the physical size of the building. Mr. Sigler said the home is within the lot coverage and there is nothing they can do with the house. Councilman Garruzzo felt a lot of questions were brought up that have nothing to do with the application presented. He has to look at the application itself and he felt it will be a more aesthetically pleasing look and they are not changing the roof line. He did not have any issues and felt this will benefit the property; Mr. Stenson agreed with Councilman Garruzzo.

At this time Mr. Sigler made a motion to approve the application, as presented, this seconded by Mr. Stenson and then by the following roll call vote:

Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Stacey Montalto,
Charles Sarnasi, Tim Sigler, James Stenson

Noes: None

As there was no further business to come before the Board a motion to adjourn was made by Mayor Nicol, seconded by Councilman Garruzzo and unanimously approved, all aye. The meeting was adjourned at 8:40 p.m.



______________________________
Karen S. Brisben

Approved: October 13, 2015










 

RELATED LINKS