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A Community by the River

Borough of Brielle, NJ


August 9, 2016

September 28 2016

August 9th, 2016

BRIELLE PLANNING BOARD

TUESDAY, AUGUST 9, 2016

The Regular meeting of the Brielle Planning Board was held on Tuesday, August 9, 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, Eric Lapham, Stacey Montalto (arrived 7:32), John O’Donnell, Charles Sarnasi, James Stenson

Absent Terre Vitale

Also present was Karen S. Brisben, Recording Secretary, Board Attorney Joe Clark & Board Engineer Alan Hilla, Jr. There were no 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 July 12, 2016 meeting were approved on a motion by Mr. Stenson, seconded by Councilman Garruzzo and unanimously approved by voice vote, all aye.

CORRESPONDENCE:

The May/June issue of the N.J. Planner was received.

OLD BUSINESS:

The Board then considered approval of a Resolution for a Minor Subdivision for Block 48.01, Lot 13-13.01, 308 Fisk Avenue; Lot 14-14.01, 306 Fisk Avenue; and Lot 15-15.01, 304 Fisk Avenue, owned by Warren & Jeanne Dietrich.

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

WHEREAS, Mr. Bruce Latourette, as Executor of the Estate of Warren and Jean Dietrich (“Applicant”) has applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking a consolidation and minor subdivision of the property located at 308 Fisk Avenue, 306 Fisk Avenue and 304 Fisk Avenue in the Residential Zone 3 (R-3) and known as Block 48.01, Lots 13, 13.01, 14, 14.01, and 15, 15.01. (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS, the properties in question are located on the northerly side of Fisk Avenue, within the Borough's Residential Zone 3 (R-3). Applicant proposes to consolidate all the lots and then subdivide to provide two oversized building lots, with a side yard setback of 9.76 feet where 10 feet is required, and a driveway setback of 0 feet where 5 feet is required; and
WHEREAS, the Board held a hearing on July 12, 2016, 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:
Jurisdictional Packet PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc., dated June 17, 2016
2. The Board considered the following testimony:
Robert Burdick, Professional Engineer and Professional Planner was accepted as an expert witness by the Board and stated
There are three 50 foot lots with riparian rights, the home exists at 308 Fisk Avenue. They want to make two lots from the three, however, the applicant wants to keep the home and they need variances for this. The home will be 9.76 feet off the west property line where 10 feet is required and they also need a variance for the driveway as that is right at the property line and they want to keep it there.
Mr. Burdick explained that these three lots have been here since the 1950s, to build would be difficult so they want to consolidate these into two lots. There will be no detriment to the public good and only one new home will be going up, he felt that a new home here will improve the other one. He also told the Board this is a proper use of the density in this Zone, there is no detriment to the Zoning Ordinance or Master Plan or public good. He finished by stating the three lots, as they sit now, do not conform. This will be filed by deed and repairs to the curb and sidewalk will be made.
3. After Mr. Burdick’s testimony, the meeting was opened for public questions and comments there were none.
4. The Board members indicated that as long as the curbs and sidewalk were repaired, and because the lots were being consolidated and made larger, which contrasts with the current trend of subdividing into smaller lots, the Board was in agreement with the Application and with Mr. Burdick’s testimony. The Board found that there would be no detriment to the public good by consolidating and subdividing the lots, and that this is a proper density, with no detriment to the Zoning Ordinance, Master Plan or public good. The Application was approved subject to conditions set forth below.

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 not otherwise disposed of by this application.
C. Applicant shall have the lot numbers corrected.
D. Applicant shall revise the plan and submit copies to the Board depicting both utility mains and services fronting and serving each property.
E. Applicant shall clarify the monument information referred to in Mr. Hilla’s engineering report.
F. Applicant shall install curbs and sidewalks.
G. The subdivision will be perfected by filed map in accordance with N.J.S.A. 40:55D-52 and N.J.S.A. 40:55D-54. Applicant shall submit the proposed Map to Alan Hilla, Planning Board Engineer, for approval, prior to filing.
H. Applicant shall have 190 days from the passage of this Resolution to perfect this subdivision.
I. If applicant fails to perfect the minor subdivision within 190 days from the passage of this Resolution, 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 Councilman Garruzzo, Seconded by Mr. Stenson and then 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

Noes: None

Not Eligible to Vote: Eric Lapham

The next Resolution was for approval of a Site Plan application for Block 90, Lot 1, 843 Riverview Drive, owned by Manasquan River Golf Club, to allow the construction of a 4,800 square foot pole barn maintenance structure.

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

WHEREAS Manasquan River Golf Club (“Applicant”) has applied to the Planning and Zoning Board (“Board”) of the Borough of Brielle seeking Site Plan approval to allow the construction of a 4,800 square foot pole barn style maintenance building adjacent to the existing maintenance building at 843 Riverview Drive, in the Residential Zone 1 (R-1), and known as Block 90, Lot 1, (hereinafter “property or parcel”), on the tax map of the Borough of Brielle; and
WHEREAS the Board held a hearing on July 12, 2016; and
WHEREAS Before the hearing on Applicant’s Application started, both Mr. Sarnasi and Mr. O’Donnell stepped down off the dais as they are both members of the Golf Club; and
WHEREAS The Board considered the following documents presented at the hearing in connection with this application:
Jurisdictional Packet and Site Plan
PB-1 Engineering Report of Allan P. Hilla, Jr., P.E., P.P., of Leon S. Avakian, Inc., dated June 10, 2016
WHEREAS The Board considered the following testimony presented at the hearing in connection with this application:
1. Mr. Matthew Morrow, Superintendent of the Golf Club; testified that Applicant wants to construct a pole barn in which to store equipment. The pole barn will have no heat or windows, no offices, and will not be visible from any neighbors’ properties. Mr. Morrow further testified that the pole barn will be 32x150 feet or 4,800 square feet and will be in the middle of the golf course. The area currently is asphalt so there will be no further impervious surface issues.
With regards to the water recycling system mentioned in the PB-1, Mr. Morrow explained that it is self-contained which means there will be no impact on the Borough’s water and sewer system.
2. The Board then questioned Mr. Morrow and asked what type of equipment will be stored in the barn. Mr. Morrow said tractors, mowers, golf carts, and the like due to increased membership and increased demand for tee times, which creates a need for equipment and storage. The Board was also informed that the distance between the pole barn and existing storage shed will be 30 feet and that the barn will be adequate for Applicant’s current needs.
In response to a Board question about a residential dwelling on the property and whether the Resolution should indicate it should stay as a temporary dwelling, the Board was informed that the home is used by employees of the Board, and for visiting professionals in the summer only; there is no permanent usage here.
3. The meeting was then opened to the public for questions to Mr. Morrow; there were none.
4. Charles Gilligan, Engineer & Planner & of Gilligan Engineering came forward and was accepted as an expert witness. Mr. Gilligan explained that Applicant will build a pole barn in the center of Block 90 of the golf course; to prevent the building form being seen by surrounding homes Applicant requested a number of design waivers.
Mr. Gilligan further testified that Applicant has met with Soil Erosion for approval, and that Applicant has approval from the County, due to the fact that Riverview Drive is a County Road. Mr. Gilligan stated that he met with Mr. Hilla to inspect the property, and that no drainage or parking problems were found. There will be no need for new fire lanes and all is staying the same in the interior of the Club House & other buildings on the site; there are no variances requested, any variances were pre-approved from past applications before the Board.
5. The Board then questioned Mr. Gilligan as to the number of fire hydrants nearby and was informed there are two.
6. The hearing was then opened to the public who wished to ask questions of Mr. Gilligan. There were none and that portion of the hearing was closed.
7. The Board then opened up the hearing for public comment. There was no response and that portion of the hearing was closed.
8. The Board then voted in favor of the Application.
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 not otherwise disposed of by this application.
C. Applicant has represented to the Board that a residential dwelling on the property is used only in the summer and on a temporary basis by employees of the Club and visiting professionals. No application was made for an expansion of this use, and therefore it is a condition of this resolution that the use of the residential dwelling remain as is i.e. only in the summer and on a temporary basis by employees of the Club and visiting professionals.
A motion to approve the above Resolution was made by Councilman Garruzzo, seconded by Mr. Stenson and then approved by the following roll call vote:


Ayes: Mayor Thomas Nicol, Councilman Frank Garruzzo, Thomas Condon,
James Langenberger, Stacey Montalto, James Stenson

Noes: None

Not Eligible to Vote: Eric Lapham, John O’Donnell, Charles Sarnasi

OTHER BUSINESS:

The Board then began a discussion on an Update to the Master Plan, which has to be done every 10 years (it was last done in 2006). Mr. Hilla came forward and spoke to the Board, explaining that this action is necessary to ensure the validity of the Borough’s Development Ordinances. This is an opportunity for the Board to look at problems that now exist and he gave an example of Rella’s Tavern, which crosses two different zones, one residential & one commercial; the Board may want to look at changing this. The Board also had to look at problems that have come before them and see if there is some way to reduce issues that have been heard.

The Board may also want to look at things like putting in a Pooper Scooper Law, Impervious Coverage Ordinance, flood zone issues for height, etc., most towns have these types of Ordinances; Brielle has done a new Drainage Ordinance since the last update so that has been addressed already.

There have been issues with permitted uses in the C-1 Commercial Zone, today some of them may be antiquated, perhaps the Board can focus on what is prohibited in the C-1 Zone and list those items instead of listing what is permitted. An example would be an ice cream shop, it’s not on the list of permitted uses and an applicant needs to come before the Board for a Use Variance; it may be easier just to list what is not allowed.

Councilman Garruzzo said most people just cruise down Route 71 on their way to somewhere else, maybe if we could add more parking it may be more of a place to stop. Mr. Hilla said that this is a State Highway and they would need really heavy DOT involvement; this would probably have to be addressed by the Governing Body and it would cost money.

Mr. Hilla then addressed Impervious Surface coverage and felt this should be looked at, Brielle does not have it for residential properties and he felt there should be an Ordinance on this. Mrs. Brisben commented that Sea Girt just passed an Impervious Coverage Ordinance in July. Mrs. Montalto asked if there are a number of applications that have this issue and Mrs. Brisben said it is not asked on the application so there is no way to know this right now.

Mr. Stenson had read over the 2006 Master Plan Update and thought there were some suggestions not done. Mr. Hilla said they addressed the third story definition as well as drainage in Ordinances, they did do some of them.

Mrs. Montalto went back to the Commercial Use area and Mr. Hilla said right now there are 40-50 permitted uses and he felt they should be broader, such as retail offices, professional offices, instead of actually naming the businesses that are allowed; right now one has to stay in the permitted uses and some of these items can be debatable. There also is the issue of heights of residences in the Flood Zone, Brielle has a significant Flood Zone and this should be addressed so people can raise their home without having to come before the Planning Board; he said that Spring Lake has a great Ordinance on this. He also commented on Change of Use criteria, the Zoning Officer now has a problem with this and he also had some ideas on this issue as well. He offered to do a report and get back to the Board for review, then the Master Plan Update goes to the Governing Body for actual passage. He said he would work with the Borough Administrator, Tom Nolan, to get a more specific report done.

He told the Board these are the things to be taken care of and we now need to address the logistics, this has to be adopted no later than November to meet the State requirements; he was hoping to have a report by the September meeting. Mrs. Brisben asked if a Committee may be helpful but it was decided to let Mr. Hilla do his report and present it next month.

The final item on the agenda was a discussion with Board Attorney Joe Clark on the processing of applications. Mr. Clark said the Board does not have a set of actual rules for Brielle Planning Board, we just follow the Municipal Land Use Law. He was working on this and would like to make some recommendations for future applications as he felt the Board has to control the applications, if one is stretched out for too long a period time it should be dismissed; the Board should reserve the right to dismiss and it can be done from that perspective.

If other applications are held up and not heard in a timely manner, they may get automatic approval and so this has to be addressed. There was then a brief discussion on the Waypoint application, Mr. Hilla said this is not a normal one as they are coming before the Board as an Enforcement Action, usually an application is done because someone wants to come before the Board for approval. Mr. Clark said this example shows that the Board does need to have rules in place in case this type of application comes before them again. Mr. Clark will work on suggestions for Planning Board rules for an upcoming meeting.

Mr. Condon then opened the meeting for comments from the audience, but, as no one was present, that portion was closed. As there was no other business to come before the Board a motion for adjournment was made by Mr. Stenson, seconded by Councilman Garruzzo and ananimously approved by voice vote, all aye. The meeting was adjourned at 8:15 p.m.


Karen S. Brisben
Recording Secretary

Approved: September 13, 2016
























 

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