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A Community by the River

Borough of Brielle, NJ


May 10, 2016

August 24 2016

May 10th, 2016

BRIELLE PLANNING BOARD
TUESDAY, May 10th, 2016
The Regular meeting of the Brielle Planning Board was held on Tuesday, May 10th, 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 Nicol, Councilman Frank Garruzzo, Thomas Condon, James Langenberger, Stacey Montalto, Charles Sarnasi, James Stenson, John O’Donnell, Terre Vitale
Absent- Tim Sigler, Eric Lapham
Also present were Carol McMenamy, Recording Secretary, Joe Clark, Esq., Board Attorney and Alan Hilla, Jr., Board Engineer. There were 8 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 April 12th, 2016 meeting were approved on a motion by Mr. Stenson, seconded by Mr. Garruzzo and approved by voice vote, all aye.
OLD BUSINESS:
The Board turned to the approval of a Resolution for minor subdivision for Block 7.01, Lot 9 & Block 8 Lot 6.13, 404 Lenape Trail & 1 Lebanon Drive, applicants William and Patricia Doolittle. As the applicants, as well as the Board members, had all received a copy of the draft Resolution and as there were no corrections or changes, the following 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 WILLIAM AND PATRICIA DOOLITTLE FOR PROPERTY KNOWN AS LOT 9 IN BLOCK 7.01 AND LOT 6.13 in BLOCK 8
WHEREAS, William and Patricia Doolittle (“Applicants” or separately “Applicant”) have applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking a minor subdivision and variances for properties located at 404 Lenape Trail & 1 Lebanon Drive, in the Residential Zone 3 (R-3), and known as Block 7.01, Lot 9 and Block 8, Lot 6.13 (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS, This application specifically seeks a minor subdivision and variances as follows for Block 7.01, Lot 9 and Block 8, Lot 6.13, located at 404 Lenape Trail & 1 Lebanon Drive:
1. Proposed Lot 9.01 in Block 7.01:
Lot Size - 11,250 square feet required, 6,641 square feet proposed;
Lot Depth - 125 feet required, 99.55 feet existing & proposed;
Front Yard - 30 feet required, 24.8 feet existing;
Side Yard - 10 feet required, 4.2 feet existing;
Rear Yard - 35 feet required, 8.65 feet existing, 28.55 feet proposed;
Lot Coverage - 20% maximum allowed, 22.7% proposed.
2. Proposed Lot 9.02 in Block 7.01:
Lot Size - 11,250 square feet required, 7,037 square feet proposed;
Lot Width - 75 feet required, 62.5 feet proposed
Lot Depth - 125 feet required, 99 feet existing, 110.39 feet proposed.
3. Proposed Lot 6.13 in Block 8:
Lot Depth - 125 feet required, 77.8 feet existing;
Rear Yard - 35 feet required, 17 feet existing; and
WHEREAS, The Board considered the following documents presented at the hearing in connection with this application:
Jurisdictional Packet;
PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc.;
Exhibit A-1-A-14 Pictures of Lots and overgrowth;
Exhibit A-15 Blow-up of site plan;
WHEREAS, the Board held a hearing on April 12, 2016, as follows:
Applicant William Doolittle came forward and was sworn in. Applicant testified that he is the owner of Block 7.01 Lot 9. Applicant indicated that he wishes to subdivide the parcel and build on proposed Lot 9.02. Applicant also indicated that the proposed construction would be larger than the existing house because Applicants have need for additional space. Applicant further testified that he has a contract in place to purchase that portion of Block 8, Lot 6.13 which is part of the application. The purpose of the purchase is to assume ownership of unused property and to add it to the subdivided lots, thereby making both proposed Lot 9.01 and proposed Lot 9.02 larger than they are presently.
With regard to drainage issues that may arise as a product of increased roof runoff, Applicant indicated that he would accept as a condition of approval a requirement that stone drywells be created at the location of downspouts.
With regard to an issue relating to privacy and landscaping raised by his neighbor, Applicant indicated a willingness to work with the neighbor to address any concerns the neighbor may have.
With regard to any drainage issues arising near the garage, Applicant indicated that he would, as a condition of approval, submit both a drainage and landscape plan to the Borough Engineer for approval, which approval would need to occur before any building permit(s) could be issued.
With regard to the positive and negative criteria associated with the variances, Applicant presented the testimony of James Higgins, who was accepted by the Board as a Planning Expert. Mr. Higgins testified that under C-2 criteria, the subdivision will be a positive force because it creates two lots that are closer in width to the lots already in the neighborhood, and that the purchase of the portion of Block 8, Lot 6.13 will result in Lots that are more conforming in shape and more productive in terms of usable space. Mr. Higgins also testified that the proposed subdivisions and variances will advance the purpose of Municipal Land Use Law because it helps create a population density that conforms with the existing neighborhood.
With regard to the C-1 criteria, Mr. Higgins testified that there is a hardship because Lot 9 is 125 feet wide, which is 50 feet wider than required. The proposed subdivision would bring the property in line with the neighborhood and allow for productive use of the proposed lots.
With regard to any negative criteria, Mr. Higgins testified that there were none, and that the impact of the proposed subdivisions on surrounding properties would be consistent with what already exists in the neighborhood.
The Application was opened for public comment and Ms. Milza commented that he believes the subdivision and construction would be good for the neighborhood.
With regard to the application, the Board had the following questions and/or comments:
Mr. Sarnasi indicated that the proposed subdivision fits in with the neighborhood;
Mr. Langenberger remarked that there is a trend in the R-3 zone to build larger residences and that he was worried about the impact construction may have on drainage.
Mr. O’Donnell noted that his subdivision would be in line with the neighborhood.
Mr. Lapham indicated that Applicant would need to address any drainage issues but that he was in favor of the Application.
Mr. Sigler was not in favor of the construction of another house in the neighborhood and echoed concerns about drainage.
Mayor Nicol indicated that he believed the lots would be too small and that drainage was an issue.
Chairman Condon stated that the subdivision was in keeping with the overall neighborhood but that drainage was an issue that would need to be addressed by Applicant and approved by the Borough Engineer prior to the issuance of a building permit.
A motion for approval was made and seconded by and was approved by roll call vote 5 in favor, 3 against.
WHEREAS the Board, after carefully considering the evidence presented by the applicant and of the adjoining property owners and general public, if any, has made the following factual findings and conclusions of law:
Applicant satisfied the positive criteria by providing proof to the Board that the proposed subdivision and variances would promote the general welfare and would alleviate an undue hardship by creating parcels that were consistent with those already existing in the neighborhood.
The subdivision and purchase of a section on Block 8, Lot 6.13 to be included in the subdivision of Block 7.01, Lot 9, would create more usable space.
Applicant demonstrated that the subdivision and variances would not substantially impair the intent and purpose of the zoning plan and ordinance. The granting of the requested variance would not conflict with the Borough’s Master Plan.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that Applicant’s application for a minor subdivision and variances is 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 not otherwise disposed of by this application.
c. Applicant must complete the purchase of the subdivided portion of Block 8, Lot 6.13.
d. Applicant must submit drainage and landscaping plans for review and approval by the Borough Engineer; the Borough Engineer’s approval is necessary before any building permit may be issued for the new lots.
A motion to approve the above Resolution was made by Mr. Stenson, seconded by Mr. Garruzzo and then by the following roll call vote:
Ayes: Councilman Frank Garruzzo, Thomas Condon, James Stenson, Stacey Montalto, Charles Sarnasi, John O’Donnell
Noes: Mayor Thomas Nicol, James Langenberger
Not Eligible to Vote: Terre Vitale
The Board turned to the approval of a Resolution for variance for Block 55.01, Lot 10, 100 Ocean Avenue, owned by Howard and Jacqueline Dubinett for construction of 3 dormers, rear yard addition and covered front porch. As the applicants, as well as the Board members, had all received a copy of the draft Resolution and as there were no corrections or changes, the following 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 HOWARD AND JACQUELINE DUBINETT FOR PROPERTY KNOWN AS LOT 10 IN BLOCK 55.01
WHEREAS, Howard & Jacqueline Dubinett (“Applicants” or “singularly “Applicant”) have applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking variances for the property located at 100 Ocean Avenue, in the Residential Zone 4 (R-4), and known as Block 55.01, Lot 10 (hereinafter “property or parcel”), on the tax map of the Borough of Brielle to allow construction of 3 second story dormers, a rear yard addition and a covered front porch to an existing dwelling.
WHEREAS, This application specifically requires the following variances for §21-14.2:
Minimum Lot Width - 75 feet required, 50 feet existing;
Front Yard Setback - 25 feet required, 16.1feet existing, 19.5 feet proposed to second story dormers & 13.3 feet to proposed covered front porch;
Rear Yard Setback - 25 feet required, 6.8 feet provided to existing dwelling, 9.8 feet proposed to garage addition & 10.4 feet proposed to second story rear dormer.
WHEREAS, The Board considered the following documents presented at the hearing in connection with this application:
Jurisdictional Packet;
PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc.;
A-1 computer generated printout of proposed front view;
A-2 architectural plans;
A-3, picture book with multiple views of building
WHEREAS, the Board held a hearing on April 12, 2016, as follows:
1. Chairman Thomas Condon and Ms. Stacey Montalto recused themselves from participating in the Application as they were both within 200 feet of the parcel. Both members then left the dais, and Board Member James Stenson acted as Chair for the Application.
2. Applicant Howard Dubinett came forward and was sworn in. Applicant testified that Applicants have owned the property since 2015. Applicant further testified that the building was not damaged by Superstorm Sandy, but that the landscaping was entirely ruined and will be replaced per a landscaping plan. Applicant also stated that the proposed improvements are all within the existing footprint of the structure and that any utilities have been removed from the attic of the house.
3. Mr. Erik Ercolino was then sworn in, was presented as an expert in architecture and was accepted as such by the Board after voir dire. Mr. Ercolino then testified as follows:
a. The plans for the structure include sleeping quarters on the second floor, and that windows, siding front porch and roof were to be updated per the plans submitted with the Application.
b. The proposed front stoop will conform to code, which the current stoop does not.
c. The proposed dormers are within the setback and that all improvements will be to code and with any and all necessary variances.
d. The property is in a flood zone with base flood elevation AE-7.
e. The dormers, covered entry and first floor remain the same.
f. The garage shed is being converted to garage space and that the outdoor shower area will be part of the garage.
g. A landscaping plan will be developed.
4. The meeting was opened to Board for questions to Mr. Ercolino; there were none.
5. The meeting was then opened to the public for questions to Mr. Ercolino; there were none.
6. The hearing was then re-opened to the public for general comments. All comments made by the public were in favor of the application being granted.
7. The Board then went into discussion and the Members were unanimously in favor of the proposed repairs and agreed that the neighborhood will also benefit as a result.
8. The Board voted 7-0 in favor of granting the Application.
WHEREAS 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:
a. Applicant satisfied the positive and negative criteria associated with C variances by demonstrating that the structure and property will be returned to a more aesthetically pleasing state and that the proposed uses by Applicant will increase the utility of the structure.
NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Borough of Brielle, that Applicant’s application for variance relief for the property located 100 Ocean Avenue, in the Residential Zone 4 (R-4), and known as Block 55.01, Lot 10 is granted, 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 not otherwise disposed of by this application.
A motion to approve the above Resolution was made by Mr. Stenson, seconded by Mr. Langenberger and then by the following roll call vote:
Ayes: Councilman Frank Garruzzo, James Langenberger, James Stenson, Charles Sarnasi, John O’Donnell
Noes: None
Not Eligible to Vote: Mayor Nicol, Thomas Condon, Stacey Montalto, Terre Vitale
At this time, Mayor Nicol and Councilman Garruzzo recused themselves from the two applications. Mr. Condon announced to the audience that the informal had been postponed indefinitely.

NEW BUSINESS:
The Board turned their attention to an Application for Use Variance/Site Plan for Block 20.01, Lot 23, 301 Union Avenue (site of Jimmy's Subs) applicant - Verizon Wireless, to allow a Small Network Node on the roof of the existing structure.
Mr. Michael R. Stanzione, Esq on behalf of Verizon Wireless came forward and explained that they had resubmitted the reapplication with new screening. Joe Clark stated there was no need to go over all the old testimony. Mr. Condon asked for the board to see the pictures of the proposed screening.
Mr. Dave Karlebach, licensed professional planner came forward and was sworn in. Exhibit A-13 was presented. It was a photo simulation of the building and matching screening. It was stated the screening is 42” high and will match the existing building. This screening height is lower than his original prediction. He continued only two items will be visible above the top of the screen: a GPS device which is very small, about the size of his fist and manually operated flood light so the technicians can see the cabinets. Also displayed is a canister antenna at the back of the building.
Mr. Stanzione stated the testimony for the use variance stayed the same. The only change was the caged ladder. It had been relocated to the rear of the building. Everything occurs on the roof except the caged ladder. The Board then asked questions. Mr. Stenson asked if the ladder would be restricted use. He was told it was an engineer question but was told yes it would be restricted. No other Board members had questions.
Mr. Condon opened up to the public for questions. No being heard, Mr. Michael R. Stanzione then called forward Mr. Chris Cirrotti, licensed Professional Engineer. He was sworn in and presented a changed elevation view marked A-14. The plan has been revised showing the screening and also shown, two canister antennas one in the rear of building and other in front northeast corner. He continued that they would be discussing with construction department for compliance. He then marked A-15, sheet Z4 in the set which depicts the building lines. The antenna is set 6’6” from the front and from the side of the building.
Mr. Condon opened up to questions from the board members. Mr. Sarnasi asked if the ballast can withstand a certain wind velocity. Mr. Cirrotti responded yes the building code determines the velocity it must withstand. Mr. Hilla added there is also a cable to weight down. Mr. Cirroti agreed with that statement. Mr. Hilla inquired with they would need to add a railing. Mr. Cirroti responded they did not believe it needed railing and were not proposing one. Mr. Condon asked if there is a schedule for maintenance. The answer was about once a month unless something specific. Mr. Condon asked if the Verizon was responsible for maintaining the screening should it be damaged. Mr. Stanzione responded that was usually a part of Verizon’s leasing.
Mr. Condon opened to the public for questions. Hearing none that portion was closed.
Mr. James Shelton came forward and was sworn in. Mr. Shelton summarized his earlier testimony. He showed A-6 depicting network as of today. The service from surrounding site compete which degrades the service. A-7 shows the improvement on service when adding the Brielle site. Mr. Shelton addressed the earlier question of whether we would see other antennas added to Brielle; Mr. Shelton believes this antenna will help improve the surrounding ones.
Mr. Condon opened to the Board members questions. Mrs. Vitale cited a number of concerns regarding FCC standards for this type of antenna and provided the Board with detailed itemization of what she saw as potential threats to the public health and safety. Mr. Shelton countered that their research indicated that the microwaves emitted by the proposed antenna did not rise to the threshold established by the FCC.
Mr. Sarnasi asked if the school and Borough Hall would benefit from the location of this tower. Mr. Shelton responded that it would benefit the school. Mr. Condon asked the difference between towers and antennas. Mr. Shelton explained the power percentage in reference to the waves is roughly half. Mr. Sarnasi asked where the nearest system similar to this was located. Mr. Shelton responded the Manasquan train station. Mr. Condon then opened it to the public. There were none.
Mr. Condon opened up to the public and seeing none he closed that portion. Mr. Condon then opened to the Board members for comments. Mrs. Montalto thanked the applicant for addressing the Board’s concerns. Mrs. Vitale stated she was not for the applicant because of the on-going research the FCC is conducting. Mr. Sarnasi was in favor of the applicant because of the benefits the community would receive. Mr. Langenberger stated he had a better understanding of application and its benefits. Mr. O’Donnell, Mr. Stenson and Mr. Condon echoed the statements of the benefits it would bring to the community.
At this time the Board decided to have a vote on this application and Mr. Stenson made a motion to approve the application , seconded by Mr. O’Donnell and then by the following roll call vote:
Ayes: Thomas Condon, James Stenson, James Langenberger, John O’Donnell, Stacey Montalto, Charles Sarnasi
Noes: Terre Vitale
The last item for the evening was an application for variance relief for Block 125, Lot 2, 628 Spruce Place, owned by Paul & Lisa Nolan, to allow construction of a front wrap-around porch to existing dwelling. Front Yard Setback - 40 feet required, 45.55 feet existing, 37.25 feet proposed. Variance requested for 2.75 feet.
James Langenberger recused himself from this application.
The Planning Board fees were paid, taxes are paid to date and the property owners within 200 feet as well as the newspaper were properly notified. Mr. Paul Nolan came forward and was sworn in, giving his address as 628 Spruce Place. Mr. Nolan stated he has lived in the town for 25 years and would like to build a wraparound porch with columns. He presented two exhibits A-1 a plan of the front porch extension and A-2 through A-4 were pictures.
Mr. Condon opened to the Board for questions. The Board members had no questions except for Mr. Condon asked if it would be enclosed. Mr. Nolan stated it would not be enclosed.
Mr. Condon opened the meeting to the audience’s questions, with none being heard he closed that portion.
Mr. Condon then opened the meeting to comments. Mrs. Montalto stated it is going to be beautiful. Mrs. Vitale commented it was going to look pleasing. Chuck Sarnasi, John O’Donnell, Jim Stenson and Tom Condon stated it was going to look great and be an improvement.
At this time the Board decided to have a vote on this application and Mr. Stenson made a motion to approve the application with the changes noted, this seconded by Mr. O’Donnell and then by the following roll call vote:
Ayes: Thomas Condon, John O’Donnell, Charles Sarnasi, James Stenson, Stacey Montalto, Terre Vitale
Noes: None
As there was no other business to come before the Board, a motion was made by Mr. Stenson to adjourn, this seconded by Mr. O’Donnell and approved unanimously by the Board, all aye. The meeting was adjourned at 8:19 pm.

 

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