Borough of Brielle, NJ
| January 12, 2016
|BOROUGH OF BRIELLE
TUESDAY, JANUARY 12, 2016
The Reorganizational meeting of the Brielle Planning/Zoning Board was held on Tuesday, January 12, 2016 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, Tom Condon, James Langenberger, Eric Lapham, Stacey Montalto, John O’Donnell, Charles Sarnasi, James Stenson, Terre Vitale
Absent - Tim Sigler
Also present were Joe Clark, Board Attorney, Alan Hilla, Jr., Board Engineer and Karen S. Brisben, Recording Secretary. There were 9 people in the audience and the reporter from the Coast Star recorded the meeting.
Mr. Condon 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. He then announced that the hearing for Waypoint 622, has been postponed until the March 8th meeting of the Board, new notices will be sent out to property owners within 200 feet as well as a newspaper notice.
The following appointments were then made:
Class I - Mayor Thomas B. Nicol through 12/31/16
Class II - James Langenberger through 12/31/16
Class III - Frank A. Garruzzo through 12/31/16
Class IV - John O’Donnell through 12/31/19
Class IV - Terre Vitale through 12/31/19
Mr. Clark swore in all the members and congratulated them on their new terms.
It was then time for the election of officers for the year 2016. Mr. Langenberger nominated Thomas Condon to the position of Chairperson. As there were no other nominations, Mrs. Vitale seconded the motion and it was approved unanimously by voice vote, all aye.
Mr. Stenson was nominated for the position of Vice-Chairman by Councilman Garruzzo. As there were no other nominations, Mrs. Vitale seconded the motion and it was approved unanimously by voice vote, all aye.
Mrs. Vitale was nominated for the position of Secretary of the Board by Councilman Garruzzo. As there were no other nominations, Mayor Nicol seconded the motion and it was approved unanimously by voice vote, all aye.
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 2016 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, 2016 to December 31, 2016); 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. Hilla 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.”
“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 Brielle 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.”
“RESOLVED, that the Asbury Park Press & the Coast Star are designated at the official newspapers for publishing legal notices of the Brielle Planning Board.”
“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 2016 at a salary of $5,000 and Karen Brisben be appointed as Recording Secretary for the year 2016 at a salary of $5,000.”
A motion was made by Mr. Condon to approve the above Resolutions, this seconded by Mayor Nicol and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Tom Condon, James Langenberger, Stacey Montalto, John O’Donnell, Charles Sarnasi, James Stenson, Terre Vitale
Not Eligible to Vote: Eric Lapham (Alternate member)
The Minutes of the December 8, 2015 meeting were approved on a motion by Councilman Garruzzo, seconded by Mr. Stenson and unanimously approved, all aye.
Notice was received of a DEP application for Block 48.01, Lot 6.02 & Block 49.01, Lot 3.02, 228 & 329 Magnolia Avenue, to allow construction of a dwelling, dock & patio.
A copy of the November/December issue of the NJ Planner was also received.
The Board turned to an application for Final Major Subdivision approval for Block 25.01, Lot 6.01 & 7.01, 522, 528, 528 ½ Longstreet Avenue, owned by Richard & Myra Strucek.
The proper fees were paid, taxes are paid to date and the property owners within 200 feet were properly notified. The notice in the newspaper was put in within 10 days of the hearing, however, it was determined by both and applicants’ attorney and Mr. Clark, Board attorney, that it was not necessary to follow the procedure here as this is a Final approval; the original approval was properly noticed in the newspaper.
Mr. Michael Henderson of C. Keith Henderson & Associates came forward to present this application. They are asking for Final Major Subdivision approval for an application that was approved back in 2009 but never finalized. At that time there was an application for a Minor Subdivision and a Major Subdivision; the Minor Subdivision was completed and finalized, the Major Subdivision was not as economic hard times happened back then; now they want to get this subdivision finalized. The plan submitted to this Board is not different from the 2009 one so there should not be a problem in approving this Final Subdivision.
Mr. Henderson then went over Mr. Hilla’s Engineering review; before starting Mr. Hilla explained this is sort of perfunctory as there has been no change to the zoning from 5-6 years ago. Mr. Henderson then went over some points in the report: the final plan submitted to the Board shows the lot approved by the Minor Subdivision, lot 7.01 and that can now be off the board. The next point made regards the road openings - the Struceks intend to sell the lots and place the onus on putting in the roadway openings on the buyers and not them.
Mr. Hilla said that road was paved 15 years ago and there has been trouble with trenches in town and restoration of the streets, this is something that is bondable. They are asking for a waiver but then it becomes the Borough’s responsibility to enforce this being done properly. We have the opportunity here to make this a bondable improvement, we have struggled with this in the past. They sell the lots and then the town has to deal with the buyers. Mr. Henderson said the goal is to not have to do bonding, trying to avoid it and have it explained in a restrictive covenant. Mayor Nicol asked him to explain this and Mr. Henderson said in the deed it would say that the buyer has to address any road openings. Mayor Nicol asked if the buyer can get bonding and Mr. Henderson said that would make it difficult for the sale and it would also be a title problem. Mayor Nicol felt any openings will affect everyone on the street and he wanted to see this done properly. Mr. Henderson said this is difficult for title insurance, it’s almost a lien and can put a lot of buyers off; it’s an issue.
Mr. Hilla again noted the Borough would have to enforce this; he suggested a cash bond paid, it can be figured in the price and then transferred to the Borough. He said the map can’t be filed without something being done. Mr. Sarnasi asked how this would be done and Mr. Hilla explained a bond or cash is paid and then returned to the Struceks after the sale of the lot and a replacement bond is done by the buyers. Mayor Nicol asked if this is a lot of money here and Mr. Hilla said no, but they may have to do infrared patching or something, we don’t want 6-9 speed bumps. Councilman Garruzzo asked how much would each lot be and Mr. Hilla said about $1,500-$2,000 per lot. Mr. Lapham asked if this action is consistent with what is done and Mr. Hilla said that, usually in a subdivision, the person who subdivides is the one who builds the house so it’s not an issue but here they are selling the lots.
Mr. Henderson still saw issues with this but Mr. Hilla said they can put in place three bonds and then the new owners can come in with a replacement bond, they can do this until all three lots are sold. Mr. Henderson spoke briefly with his clients and they agreed to this. Mr. Henderson said he will verify the new lot numbers with the Assessor, will do a final map for approval with the correct lot numbers and monuments. He also noted the Resolution from March 2009 says the homes will be built within the R-3 standards.
As this was the end of Mr. Henderson’s presentation, the hearing was opened to the Board for questions. Mr. Lapham asked if any of the neighbors had concerns and Mr. Henderson said they did notice all property owners within 200 feet. As no other Board members had any questions the hearing was opened to the public for questions; as there was no response that portion was closed. The hearing was again opened for general comments and, again, there was no response so that portion was closed.
As there were no other comments from the Board Councilman Garruzzo made a motion to approve the Final Major Subdivision with the condition of the bonding being done and a revised plan submitted with the proper lot numbers and monuments shown and any other requirements as outlined in Mr. Hilla’s report; this motion was seconded by Mr. Sarnasi and approved by the following roll call vote:
Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon,
James Langenberger, Stacey Montalto, John O’Donnell, Charles
Sarnasi, James Stenson, Terre Vitale
Not Eligible to Vote: Eric Lapham (Alternate Member)
As there was an audience, Mr. Condon again announced that the hearing for Waypoint 622, scheduled for this evening, was postponed until the March 8th meeting of the Board and new notices will be sent.
As there was no other business to come before the Board, a motion to adjourn was made by Mrs. Vitale, seconded by Councilman Garruzzo and unanimously approved by the Board, all aye. The meeting was adjourned at 7:50 pm.
Karen Brisben, Recording Secretary