Borough of Brielle, NJ

December 5, 2006

BOROUGH OF BRIELLE
BOARD OF ADJUSTMENT
Tuesday, December 5, 2006

The Regular Meeting of the Board of Adjustment of the Borough of Brielle was held on Tuesday, December 5, 2006 at 7:30 P.M. Notice of the meeting was duly given to all members and proper notice of the meeting had been given in accordance with the provisions of the Open Public Meetings Act of 1975. After a Salute to the Flag, roll call was taken:

Present: Thomas Condon, Michael Gianforte, James Harman, Joseph Petrone, Charles Sarnasi, Tim Sigler, Terre Vitale, John Visceglia

Absent: Nicholas Stango

Also present was Karen Brisben, Recording Secretary. Alan Hilla, Jr., Board Engineer and Ken Fitzsimmons, Board Attorney, were not present for this meeting; there were no people in the audience.

Mr. Gianforte, Chairman, asked for a motion to approve the Minutes of the November 7, 2006 meeting; this was made by Mr. Sigler, seconded by Mr. Condon and approved by the Board, all aye.

CORRESPONDENCE:

A notice was given out to all members listing the dates and times for Certification Classes for Planning and Zoning Board members, this received from the N.J. Planning Officials.

OLD BUSINESS:

The Board then turned to the approval of a Resolution for Block 55.01, Lot 6, 105 Manasquan Avenue, owned by Robert and Marilyn Sauer, and Block 55.01, Lot 11, 102 Ocean Avenue, owned by Roger and Jane Glynn, to allow another Minor Subdivision to increase lot 11 and decrease lot 6.

As all Board members, as well as the applicant and his attorney, had received a draft copy of the approving Resolution and there were no changes to be made other than one by Mr. Fitzsimmons clarifying that Roger Glynn was the applicant, the following was presented for approval:

“WHEREAS, Roger Glynn (the “Applicant”), having a mailing address of 7 Black Pine Lane, Brielle, N.J. 08730, has applied to the Brielle Zoning Board of Adjustment (the “Board”) for the following relief pursuant to N.J.S.A. 40:55-70© and (d):

Item Required Provided

Permitted Use Single-Family Single-Family
§21-14.1a residential dwelling residential dwelling
& rear structures
containing a business
use (new Lot 6.01)

Minimum Side 8 feet 1.2 feet (rear structure
Setback with business use –
§21-14.2.a.1.(e) new Lot 6.01)

Minimum Rear 25 feet 10 feet (new lot 6.01)
Setback
§21-14.2.a.1.(f)

Permitted curb cuts curb cut to be Curb cuts within 5 feet
§21-31.11 located at least of an abutting line
5 feet from an (new Lot 6.01)
abutting property
line

WHEREAS, proof of service as required by law upon appropriate property owners and governmental bodies has been furnished and determined to be in proper order; and

WHEREAS, a public hearing was held on November 7, 2006 in the municipal building, at which time testimony and exhibits were presented on behalf of the applicant and all interested parties having been heard; and

WHEREAS, the Board makes the following factual findings and findings of law:

1. The property is designated as Block 55.01, Lots 6 and 11 on the municipal tax map.

2. The property is located in the R-4 zone.

3. The Board adopted a Resolution on October 4, 2005 granting bulk and use variances to the property owner (the “prior Resolution”). Conditions 4a and 4b (at pages 5 and 6) of the prior Resolution required the property owner to record a deed in the Monmouth County Clerk’s Office to establish a restrictive covenant. The Board notes that the property owners complied with these two conditions.

4. The prior Resolution permitted a subdivision which configured Lot 11 with a width of 50 feet, depth of 100 feet and a bulk area of 5,000 square feet. Applicant now proposes to increase the depth of Lot 11 to 125 feet so that new Lot 11.01 will have a width of 50 feet, depth of 125 feet and bulk area of 6,250 feet. The parcel of property increasing the depth of new Lot 11.01 is proposed to be annexed from existing Lot 6 (new Lot 6.01).

5. Applicant presented a minor subdivision plot prepared by Edward R. Marks, Jr. and Associates, P.A. last revised as of August 11, 2006. The map depicts the proposed dimensions of new Lot 6.01 and 11.01.

6. The following exhibits were introduced in evidence:
A-1……Prior Resolution of the Board dated October 4, 2005.
A-2……Minor Subdivision plat prepared by Edward R. Marks, Jr.,
and Associates, P.A., last revised as of August 11, 2006.
A-3……Twelve photographs of existing Lots 6, 11 and neighboring
properties.
7. Charles W. Gilligan, P.E., P.P., provided expert testimony on behalf of the applicant. Mr. Gilligan explained that the purpose of the subdivision is to increase the size of Lot 11 (new Lot 11.01) to provide a depth of 125 feet instead of the prior depth of 100 feet, which would decrease the depth on the easterly side of Lot 6 (new Lot 6.01) by 25 feet. He explained that the bulk area and depth of existing Lot 11 is proposed to be increased to permit the construction of a single-family residential dwelling without the necessity of obtaining any variances. Mr. Gilligan opined that increasing the size of existing Lot 11 would make it more compatible with other lots in the neighborhood and that decreasing the depth of a portion of existing Lot 6 would not significantly impact existing structures on that lot.

8. Applicant stipulated that new Lot 11.01 will be improved with a single-family residential dwelling to be constructed in accordance with all bulk requirements of the Zoning Ordinance, including regulations relating to the location of driveways.

9. The Board finds and determines as follows:
a. The nonconforming business use of the rear (accessory) structure on the first floor of proposed new Lot 6.01 pre-existed the municipal Zoning Ordinance, and that this finding was incorporated in the prior Resolution.

b. Existing nonconformities on proposed Lot 6.01 relating to minimum side setback and permitted curb cuts are existing conditions which will not be impacted by the proposed development application.

c. New Lot 11.01 will be a vacant building lot meeting or exceeding all requirements of the Zoning Ordinance.

d. New Lot 11.01will be improved with a single-family residential dwelling in accordance with all bulk requirements of the Zoning Ordinance, and will be a fully conforming property except for the location of the curb cut on Ocean Avenue, which is an existing condition.

e. The driveway area on new Lot 11.01 will be constructed to conform with all requirements of the Zoning Ordinance.

f. The increase in the bulk area and depth of new Lot 11.01 is more desirable than the prior configuration because it establishes a vacant building lot having dimensions similar to other building lots in the neighborhood.
g. The variance relating to the rear setback distance on new Lot 6.01 will not have an adverse impact upon new Lot 11.01 and/or neighboring properties.

10. The Board finds and determines that the relief requested can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zoning Ordinance and Master Plan of the municipality.

NOW, THEREFORE, BE IT RESOLVED, by the Brielle Zoning Board of Adjustment on this 5th day of December, 2006, that the decision of the Board at its meeting of November 7, 2006 be memorialized, and that this application be approved subject to the following conditions:

1. Applicant shall apply for and receive approvals from all other municipal, county, state and federal agencies having regulatory jurisdiction over this development application.

2. Applicant shall pay all real property taxes through and including the calendar quarter of the date of this Resolution.

3. Applicant shall file all required performance bonds, maintenance guaranties and post all applicable engineering and inspection fees.

4. Applicant shall comply with all conditions set forth in the report of Birdsall Engineering, Inc., dated October 26, 2006.

5. Applicant shall comply with al conditions set forth in the prior Resolution. The Board notes that the property owners have previously complied with conditions 4a and 4b of the prior Resolution.

6. This development application shall be null and void unless a construction permit is obtained and work commences under the permit for the construction of a residential dwelling on new Lot 11.01 within 3 years from the date of this Resolution.

7. Certified copies of this Resolution shall be forwarded to the applicant, Borough Construction Official and all other parties in interest.”

A motion was made by Mr. Visceglia, seconded by Mrs. Vitale, to approve the above Resolution; the following roll vote was then taken:

Ayes: Thomas Condon, Michael Gianforte, James Harman, Joseph Petrone, Tim Sigler, John Visceglia, Terre Vitale

Noes: None

Not Eligible to Vote: Charles Sarnasi (Alternate Member)

As there was no other business to come before the Board, a motion to adjourn was made by Mrs. Vitale, seconded by Dr. Petrone and unanimously approved, all aye. The meeting was adjourned at 7:34 p.m.

________________________
Karen S. Brisben, Recording Secretary

Approved: 2007