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A Community by the River

Borough of Brielle, NJ


October 13, 2015

December 30 2015

October 13th, 2015

BRIELLE PLANNING BOARD

TUESDAY, OCTOBER 13, 2015

The Regular meeting of the Brielle Planning Board was held on Tuesday, October 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 Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Eric Lapham, Stacey Montalto, Charles Sarnasi, Tim Sigler, James Stenson, Terre Vitale

Absent John O’Donnell

Also present was Karen S. Brisben, Recording Secretary. There were 3 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.

New Board member Eric Lapham was sworn in before the start of the meeting, becoming Alternate Member #2.

The Minutes of the September 8, 2015 meeting were approved on a motion by Councilman Garruzzo, seconded by Mr. Sigler and unanimously approved by voice vote, all aye.

CORRESPONDENCE:

The July/August issue of the N.J. Planner was received, as well as a CAFRA notice for Block 48.01, Lots 13-15, to allow construction of a new dwelling on Lots 14 & 15. Dwelling on Lot 13 will remain.

OLD BUSINESS:

The Board then considered approval of a Resolution of Denial of Use Variance for Block 20.01, Lot 23, known as 301 Union Avenue, owned by Cesaro & Daniela Schiano, Applicant Verizon Wireless, for construction of wireless equipment on roof.

All Board members had received a draft copy and, as there were no errors or changes, the following was presented for approval:

WHEREAS, New York SMSA Limited Partnership d/b/a Verizon Wireless (“Applicant”) has applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking Minor Site Plan/Use Variance for Block 20.01, Lot 23, known as 301 Union Avenue, owned by Cesaro & Daniela Schiano (Jimmy’s Subs), in the Commercial Zone 1 (C-1), to allow a Small Network Node on the roof of the existing structure which consists of 2 antennae, equipment cabinets, an electrical panel, a telco panel, a GPS unit and various support equipment.
WHEREAS, This application requires the following variances:
Side Yard Setback 10 feet required, 6.93 feet existing, 7 feet proposed for GPS/rail/telco/cabinet/platform,
Side Yard Setback 10 feet required, 6.93 feet existing, about 4 feet proposed to access ladder with cage,
Side Yard Setback 10 feet required, 6.93 feet existing, about 8.5 feet proposed to base of hoist; and
WHEREAS, The Board considered the following documents presented at the hearing in connection with this application:
Jurisdictional Packet;
A-1 Drawing Number Z-2 “Zoning Maps and Zoning Schedule;”
A-2 Drawing Number Z-1 “Site Plan and Notes;”
A-3 Drawing Number Z-4 “Roof Plan and Equipment Plan;”
A-4 Drawing Number Z-5 “West Elevation;”
A-5 Shelton Expert Report;
A-6 Brielle Map of Existing Site Coverage without Proposed Node (Page 11 of Shelton Report);
A-7 Map of Coverage with Node (Page 12 of Shelton Report);
A-8 RF Study;
A-9 Photographs 1 and 1A from Photographic Simulations prepared by David Karelbach, PP, PC;
A-10 Photographs 2 and 2A from Photographic Simulations prepared by David Karelbach, PP, PC;
A-11 Photographs 3 and 3A from Photographic Simulations prepared by David Karelbach, PP, PC;
A-12 Photograph demonstrating screening;
January 12, 2015 Zoning Permit Denial; and
PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc;
WHEREAS the Board held a hearing on August 11, 2015, and at that time heard testimony from Applicant as follows:
Mr. Chris Cirrotti of Parsippany, N.J. was accepted as an expert witness. Mr. Cirrotti referred to Exhibit s A-1, A-2 and A-3 and testified that the S/W quadrant of the building will be the platform and the N/E corner will have 2 antennas 2 feet above the roof. The platform will have handrails for safety, a GPS antenna and lights, cable to the antenna across the roof to the N/E corner where there will be a ballast mount, the second antenna will be mounted on the side of the building. Mr. Cirrotti further indicated that there will be an access ladder along the westerly side and not the south side as shown on the original plan, they did this to eliminate one variance for side yard setback. The hoist will be next to the safety ladder and there will be safety railing. There will be telco boxes on the wall along the west side elevation.
The next sheet, marked Exhibit A-4, sheet Z-5 shows the westerly elevation of the building with the equipment platform and GPS node and antenna; the second antenna is closer to the front or east side of the building. The ladder will have an anti-climb device and will have locked access. There will also be an emergency generator hookup for a generator to be brought to the site if needed.
Mr. Stanzione, attorney for Applicant, commented on Mr. Hilla’s report, Page 2 #2 regarding the rooftop equipment. Mr. Stanzione stated that it will not be screened in as they did not see it as necessary. Mr. Stanzione further indicated that the side yard variances (as shown on Exhibit A-2) is needed, and that the platform needs to be mounted on the walls of the building and revised plans were submitted showing the new location of the ladder & hoist. He said this will be an unmanned operation and will be visited once a month for maintenance.
Mr. Jim Shelton was called as a witness regarding Radio Frequency. He was accepted as an expert by the Board, and testified that as set forth in Exhibit A-5 and A-6 there are current capacity issues, and that the node will assist in addressing them. He then referred to Exhibit A-7, which is page 12 of his report, and indicated that the node would address capacity issues as seen in the Exhibit. Mr. Shelton further testified that the actual antenna is only 24 inches tall.
Additionally, Mr. Shelton testified that, as set forth in Exhibit A-8, radio emissions from the site will be 4.77% of FCC standards at the site location, and that the percentage would drop further from the building.
David Carlback, with a Masters in Planning from Rutgers and who is a Licensed Professional Planner in NJ was accepted as an expert witness. Mr. Carlback said there are large arborvitaes on the west side of this property abutting Lot 22, they are about 15 feet high so there is a buffer on the west side. Mr. Carlback also indicated that there are two pre-existing, non-conforming uses present that relate to Minimum Lot Frontage and Minimum Side Yard.
With respect to the D Variance for the wireless telecommunication use Mr. Carlback stated:
1) The public interest is at stake and the general welfare is served. Mobile phones are used for emergencies and this will benefit the town in several ways by being faster and by lessening response time. Mr. Carlback also indicated that everyone, not just Verizon customers, will benefits. Additionally, Mr. Carlback testified that there are 300,000 towers in the country and 400,000 emergency calls a day from mobile phones, so this site is well suited for use. Because the site contains a commercial building in a commercial zone, there is no need to build a new tower, the site is ready for use with minimal construction.
2) Detrimental Effects Mr. Carlback noted that aesthetics would suffer as a result of the application. In support, he referred to Exhibits A-9, A-10 and A-11 and stated that the photographs of existing and proposed conditions show that the proposed node is not out of character and that the roof equipment currently existing on the Oyster Bar exceeds what is proposed here. Mr. Carlback further testified that there will be no effect on the light and air, that the node is unmanned and needs very little servicing or traffic, that there is no noise, vibration, dust or fumes, and that the node complies with FCC regulations and will not interfere with other uses.
3) Mr. Carlback acknowledged that the Board can impose reasonable conditions for Applicant to consider.
4) Detriment to the Public Good Mr. Carlback did not see any detriments or impairment to the Zone Plan. He finished by stating that this is a reasonable location;
WHEREAS, after each witness, both the Board and members of the public were permitted to ask questions; at the end of the hearing, the meeting was opened for public comment.
WHEREAS the Board, after carefully considering the documents, testimony, responses to questions from the public and the Board, and public comment, has made the following factual findings and conclusions of law:
1. The Borough Of Brielle Planning And Zoning Board has proper jurisdiction to hear the within matter.
2. The subject property is located at Block 20.01, Lot 23, known as 301 Union Avenue, owned by Cesaro & Daniela Schiano (Jimmy’s Subs), in the Commercial Zone 1 (C-1);
3. The application for Minor Site Plan/Use Variance would allow a Small Network Node on the roof of the existing structure which consists of 2 antennae, equipment cabinets, an electrical panel, a telco panel, a GPS unit and various support equipment;
4. The application requires the following variances:
Side Yard Setback 10 feet required, 6.93 feet existing, 7 feet proposed for GPS/rail/telco/cabinet/platform,
Side Yard Setback 10 feet required, 6.93 feet existing, about 4 feet proposed to access ladder with cage,
Side Yard Setback 10 feet required, 6.93 feet existing, about 8.5 feet proposed to base of hoist;
5. The Applicant did not demonstrate that the purposes of the Municipal Land Use Law and Land Use Ordinances of the Borough of Brielle would be advanced by granting the Minor Site Plan/Use Variance application, and further, that the benefits of any such deviation would not substantially outweigh any detriment resulting from a grant of the application.
WHEREAS, After Board discussion, a motion was made to approve the application with the conditions that screening be erected on the roof and that the access ladder be off the ground;
WHEREAS, five (5) affirmative votes were needed for approval pursuant to N.J.S.A. 40:55D-70(d); only four (4) Board Members voted in favor of the application, resulting in a denial of the application.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that Applicant’s Minor Site Plan/Use Variance application is hereby denied.
A motion to approve the above Resolution was made by Mr. Sigler, seconded by Mr. Langenberger and then by the following roll call vote:

Ayes: James Langenberger, Tim Sigler, Terre Vitale

Noes: None

Not Eligible to Vote: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon, Eric Lapham, Stacey Montalto, Charles Sarnasi, James Stenson

The next Resolution was for approval of a variance application for Block 55.01, Lot 7, 501 Green Avenue, owned by Michael & Stacey Montalto, to construct an addition to an existing home.

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

WHEREAS, MICHAEL AND STACEY MONTALTO (“Applicants”) have applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking variances for the property located at 501 Green Avenue, in the Residential Zone 4 (R-4), and known as Block 55.01, Lot 7 (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS, This application specifically requires the following variances for §21-14.2:
a. Minimum Lot Size 7,500 square feet required, 7,250 square feet existing.
b. Minimum Lot Width 75 feet required, 50 feet existing.
c. Minimum Front Yard Setback 25 feet required, 16.1 feet existing to Manasquan Avenue Right-of-Way
d. Maximum Lot Coverage 20% maximum, 23.52% existing, 25.96% proposed; and
WHEREAS, the Board held a hearing on September 8, 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. March 16, 2015 Zoning Permit Denial
2. It was noted for the record that Ms. Montalto is a member of the Planning Board.
3. During the course of the hearing, Chairman Condon realized that he had a conflict of interest and excused himself from the dais at which point Mr. Stenson assumed the duties of Chairman.
4. Testimony from Stacey Montalto that they are seeking variance relief to build a single story addition to their home so as to maximize the potential use and enjoyment of the home by their family, which includes three daughters ages 15, 12 and 9. Ms. Montalto further indicated that the construction would make the house better by mitigating flood risk, enhancing safety by replacing the glass sunroom with a solid walled addition, and enlarging the home. Ms. Montalto further testified that the proposed construction would not have a negative impact on the area and will be in keeping with the character of the neighborhood. She also stated that there is no way to increase their lot size or lot width due to a lack of vacant land in the area. Additionally, she stated that 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. All improvements are in the rear of the property. Ms. Montalto also stated that when the home was purchased, there was 23.52% coverage and that the proposed changes would increase coverage to 25.96%. The addition is limited to a 6 foot privacy fence which will be single story so as to avoid impact on the neighbors. The proposed addition would help them minimize the use of the basement as a play area and storage space because the basement was flooded and suffered about $80,000 worth of damage from Superstorm Sandy.
5. During Board questions and comments, Councilman Garruzzo asked how far out the addition is and was informed that it was about 60 inches straight back. Ms. Montalto also told the Board there will be a new roof line, that they will all fire and safety codes and that there is still sufficient room in the back yard for a patio and fire pit. Mr. Sigler asked if the home was over the flood elevation and was told yes, because the first floor did not flood. Mr. Sarnasi asked if the addition will be on a crawl space and was told yes, that there will be no basement there. Mr. Stenson wanted it verified there is no front yard setback change and Ms. Montalto said there will be no change.
6. The public had no questions or comments.
7. Based on the evidence and testimony provided, and lack of any objection from the public, the Board found that the criteria for granting the requested variances was satisfied by the information provided by Applicants as set forth above and granted variances permitting:
a. Minimum Lot Size 7,500 square feet required, 7,250 square feet existing.
b. Minimum Lot Width 75 feet required, 50 feet existing.
c. Minimum Front Yard Setback 25 feet required, 16.1 feet existing to Manasquan Avenue Right-of-Way
d. Maximum Lot Coverage 20% maximum, 23.52% existing, 25.96% proposed.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that Applicants’ application for variances from §21-14.2 is approved, subject to the following conditions:
a. Applicants shall pay all taxes and other applicable assessments, costs and fees to date, as applicable.
b. Applicants 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 in the Zoning Denial Letter dated March 16, 2015 not otherwise disposed of by this application.
A motion to approve the above Resolution was made by Councilman Garruzzo seconded by Mr. Stenson and then by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Charles Sarnasi, Tim Sigler, James Stenson,

Noes: None

Not Eligible to Vote: Thomas Condon, James Langenberger, Eric Lapham,
Terre Vitale

The next Resolution for approval was for Block 94, Lot 2, 401 Laurel Avenue, owned by Michael & Lorraine Zimmermann, to allow construction of a new single-family dwelling, in-ground pool, dock & mooring piles.

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

WHEREAS, MICHAEL ZIMMERMAN AND MLZ CORP. (“Applicants”) have applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking variances for the property located at 401 Laurel Avenue, in the Residential Zone 2 (R-2), and known as Block 94, Lots 2 and 2.01 (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS, This application specifically requires the following variances for §21-12.2:
a. Front Yard setback for Accessory Building - 40 ft. required, 2.8 ft. existing;
b. Side Yard setback for Accessory Building - 5 ft. required, 4.8 ft. existing;
c. Minimum Lot Width 125 feet required, 100 feet existing;
d. Front Yard Setback 40 feet required, 17 feet provided to Laurel Avenue Right-of-Way;
e. Existing garage to remain, located within front yard setback of Osborn Avenue, 2.8 feet from Right-of-Way ; and
f. Side Yard Setback for existing garage 5 feet required, 4.8 feet existing
WHEREAS, the Board held a hearing on September 8, 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:
8. The Board considered the following documents presented at the hearing in connection with this application:
a. Jurisdictional Packet
b. May 14, 2015 Zoning Permit Denial
c. Exhibit A-1 Jurisdictional Packet;
d. Exhibit A-2 Floor Plan;
e. Exhibit A-3 Front Elevation; and
f. Exhibit A-4 Site Plan.
9. Testimony from Brian Berzinskis, a proffered expert witness qualified as such and accepted by the Board, that that the variances are necessary to permit Applicants to construct a new single family dwelling on-site. Mr. Berzinskis indicate the new home will be similar to the currently exiting degraded structure, but that it will be 17 feet back, which is more than the existing structure, and that it will conform to the west side of the property whereas the existing home does not. He said the existing home is not habitable and cannot be restored. Referring to Exhibit A-2, Mr. Berzinskis noted the first floor area will protrude to Laurel Avenue, will have shaker style siding as shown on Exhibit A-3, which is common to the Brielle neighborhood. 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.
10. The Board asked questions of Mr. Berzinskis: Mr. Sarnasi asked if the new home will have a basement; the answer was yes. Mr. Stenson asked 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 if there is additional square footage in the new home, and was told that the building coverage is now 15% and they propose building coverage of 16.8%.
11. There were no questions from the public for Mr. Berzinskis.
12. The Board also heard testimony from Robert Burdick, a proffered expert witness qualified as such and accepted by the Board, that this is a unique property 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. Mr. Burdick stated that the variance requests are relatively small, that the new home will fit in the neighborhood aesthetic, that there are minimal changes as there is no intensity of use, and that the property will be more conforming than the existing one, which had numerous pre-existing non-conformities, which is a safety benefit as well. Mr. Burdick stated that the plan complies with the Municipal Land Use Ordinance, and noted that neither the Police Department nor Fire Company had an objection to this plan. He further stated that he had reviewed the Zoning Denial Letter, that Applicants have provided grading plans and that they do not anticipate soil removal. He noted that Applicants are applying for CAFRA approval and also have applied to Freehold Soil Conservation, which will be taken care of at time for Building Permits. Mr. Burdick finished by stating that there is no detriment to the Zoning Ordinance or Master Plan or public good.
13. Mr. Burdick was asked by the Board how drainage would be handled and was told that recharge systems were planned. Mr. Burdick also indicated that the height of the house would be 35 feet.
14. There were no questions from the public for Mr. Burdick.
15. The public portion of the hearing was opened and there were no comments from the public.
16. Based on the evidence and testimony provided, and lack of any objection from the public, the Board granted variances permitting:
a. Front Yard setback for Accessory Building - 40 ft. required, 2.8 ft. existing;
b. Side Yard setback for Accessory Building - 5 ft. required, 4.8 ft. existing;
c. Minimum Lot Width 125 feet required, 100 feet existing;
d. Front Yard Setback 40 feet required, 17 feet provided to Laurel Avenue Right-of-Way;
e. Existing garage to remain, located within front yard setback of Osborn Avenue, 2.8 feet from Right-of-Way ; and
f. Side Yard Setback for existing garage 5 feet required, 4.8 feet existing.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that Applicants’ application for variances from §21-12.2 is approved, subject to the following conditions:
a. Applicants shall pay all taxes and other applicable assessments, costs and fees to date, as applicable.
b. Applicants 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 in the Zoning Denial Letter dated May 14, 2015 not otherwise disposed of by this application.
A motion for approval of the above Resolution was made by Councilman Garruzzo, seconded by Mr. Sigler 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

Not Eligible to Vote: James Langenberger, Eric Lapham, Terre Vitale

The last item to approval was a Resolution for Block 10.01, Lot 12, 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.

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

WHEREAS, TARA AND KEVIN HOLLY AND FRED FRENCH (“Applicants”) have applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking variances for the property located at 611 South Street, in the Residential Zone 3 (R-3), and known as Block 10.01, Lot 12 (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS, This application requires the following variances for §21-13.2:
a. Minimum Lot Area 11,250 square feet required, 7,625 feet existing.
b. Minimum Lot Width 75 feet required, 53.23 feet existing.
c. Rear Yard Setback 35 feet required, .04 feet existing (entire existing dwelling is located within the rear yard area).
d. Minimum Side Yard Setback 10 feet required, .17 feet existing to east side lot line.
WHEREAS, the Board held a hearing on September 8, 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:
17. The Board considered the following documents presented at the hearing in connection with this application:
a. Jurisdictional Packet
b. Zoning Permit Denial dated August 3, 2015 (referring to an original application package dated May 26, 2015, Corrective dated May 29, 2015 and a revised application package dated August 3, 2015),
18. Testimony from Kevin and Tara Holly that the variances are necessary to permit Applicants to replace the kitchen, remove the existing second floor deck, construct a patio, and enclose an alcove. Applicants also testified that the house has existed on the lot and is “totally non-conforming” and that the variances were needed to update the interior and exterior of the house. In response to questions regarding the application itself from Mr. and Mrs. Tunstead, Applicants replied that there is no problem with the roof, and that the granting of the variance would improve the yard appeal of the house, and that the current work would be on the front of the house.
19. During general comments, Mrs. Tunstead remarked that this is a two family house, constructed prior to the current codes and that she believes, given the setbacks, that a fire can only be fought from the front of the building. She also expressed concern about the new roof meeting code, and that she does not believe that the variances will add to front yard appeal.
20. Based on the evidence and testimony provided, the Board found that the variances are necessary to permit Applicants to replace the kitchen, remove the existing second floor deck, construct a patio, and enclose an alcove, and so granted variances permitting:
a. Minimum Lot Area 11,250 square feet required, 7,625 feet existing.
b. Minimum Lot Width 75 feet required, 53.23 feet existing.
c. Rear Yard Setback 35 feet required, .04 feet existing (entire existing dwelling is located within the rear yard area).
d. Minimum Side Yard Setback 10 feet required, .17 feet existing to east side lot line.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that Applicants’ application for variances from §21-13.2 is approved, subject to the following conditions:
a. Applicants shall pay all taxes and other applicable assessments, costs and fees to date, as applicable.
b. Applicants 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 in the Zoning Denial Letter dated August 3, 2015 not otherwise disposed of by this application.
A motion to approve the above Resolution was made by Mr. Stenson, seconded by Councilman Garruzzo 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

Not Eligible to Vote: Thomas Condon, James Langenberger, Eric Lapham, Terre Vitale

Before adjourning for the evening, Chairman Condon asked that all Board members be present next month, November 10th, for an appeal hearing for Waypoint 622 that is scheduled to be heard. Mr. Langenberger commented that this hearing was remanded, by the court, to the Planning Board and the next court date for them will be the end of November.

As there was no other business to come before the Board, a motion to adjourn was made by Councilman Garruzzo, seconded by Mr. Stenson and unanimously approved by voice vote, all aye. The meeting was adjourned at 7:36 p.m.



________________________________
Karen S. Brisben
Recording Secretary

Approved: November 10, 2015




 

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