Borough of Brielle, NJ

February 6, 2007

The Regular Meeting of the Board of Adjustment of the Borough of Brielle was held on Tuesday, February 6,2007 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, Charles Samasi, Tim Sigler, Nicholas Stango, Terre Vitale

Absent- Joseph Petrone, John Visceglia

Also present was Karen Brisben, Recording Secretary and Ken Fitzsimmons, Board Attorney.

Before starting the meeting, Thomas Condon, who was absent for the January meeting, was sworn in as a Regular Member through 12/31/10.

Mr. Gianforte, Chairman, asked for a motion to approve the Minutes of the January 2,2007 meeting; this was made by Mr. Sigler, seconded by Mr. Stango and approved by the Board, all aye.

CORRESPONDENCE:

A notice was given out to all members Iisting the dates and times for Certification Classes for Planning and Zoning Board members, this received from the N.J. Planning Officials. The December 2006 issue of the NJ Planner was also received.

NEW BUSINESS:

The Board then turned to a hearing for Block 11, Lot 6, 604 Legg Place, owned by William & Ruth Cadmus, to allow covering an existing front porch with a permanent roof. Minimum Front Setback - 30 feet required, 29 feet existing & proposed, 1 foot variance requested. Side Setback - 10 feet requested, 6.7 feet existing right side, 3.3 foot Rear Setback - 35 feet required, 26 feet existing, 9 foot variance requested.

The fee of $300 was paid, taxes are paid to date and the property owners as well as the newspaper were properly notified. Mr. William Cadmus came forward and was swom in. He told the Board he has been a resident here for 34 years and the porch has always been there, it has an aluminum awning. The house was originally on a cul-de-sac was originally on a cul-de-sac so the porch is 1 foot over and they want to take off the aluminum awning and put on a permanent roof.

Mr. Sigler asked if the porch would remain open and Mr. Cadmus said they may close it in sometime in the future but it will remain a porch. Mr. Samasi asked if the new structure will be on the same porch and the answer was yes, the porch will remain as it is, they are just putting in a permanent roof over it.

The hearing was then open to the public for questions or comments and there were none, so that portion was closed.

The Board then went into discussion and Mr. Condon had no problem with it other than a concern if it were to be closed in; Mr. Cadmus said there would be no heat or air, it will remain a porch. Mr. Sigler agreed with the possible closing in of the porch but noted that it was only one foot. The rest of the Board was in agreement with approving it.

Mr. Condon then made a motion to approve the application, as presented, this seconded by Mrs. Vitale and approved by the following roll call vote:

Ayes: Thomas Condon, Michael Gianforte, James Harman, Charles
Samasi, Tim Sigler, Nicholas Stango, Terre Vitale
Noes: None

OTHER BUSINESS:

The Board then discussed the letter from the Construction Official, Sandy Ratz, regarding the new large detached garage located at 600 Rankin Road. Mr. Condon wondered if three garage doors were allowed in Brielle, he did not get a chance to read the Ordinance. Mr. Fitzsimmons was not aware of it and said the limit is usually to size, coverage, square footage, etc. Mrs. Brisben was asked to question Mr. Ratz on this for the Board, as well as about a storage shed that is on the property. However, all the other questions the Board had were answered in Mr. Ratz's letter and the building conforms to the Ordinance.

In another matter not on the agenda, Mr. Hilla had contacted Mrs. Brisben and asked if the Board could discuss an application that is pending as he was not too sure how to address it. This is on the site of the old Brielle Pharmacy on Higgins Avenue which is now a shopping center and owned by TFM Realty.

Mr. Fitzsimmons said he and Mr. Hilla had a conversation on this and, apparently, the owner is having difficulty finding tenants with businesses that fit in this zone. They wish to apply to the Board for a change of use for the property but they are asking for a wide variety of uses and this is the problem. Mr. Fitzsimmons felt the application could be bifurcated and, if approved, they can come in with a site plan - different uses may mean different parking requirements. He felt the Board should recommending focusing on one use, such as fast food which can have a general use, such as Chinese take-out, pizza, etc. This would be a different use than a butcher shop, fish store, etc.; the choice would be up to them but they have to narrow down the kind of use.

Mr. Gianforte noted that when the Gateway Zone was established, there was a lot of discussion on what should be done with that strip. Mr. Condon agreed they should narrow down the use as it is difficult to get in and out of there. If they put in a pizza place, there may be tables and there will be a lot of traffic. Mr. Fitzsimmons said they will have to know the number of parking spaces needed for the use applied for and then find out if there are sufficient spaces for that use. He felt they should see a current survey showing the parking spaces there; Mr. Sigler noted that the plan they submitted does not show all the parking. He also said they should see what is in there being used now and what is available for rental as well as square footages.

The decision of the Board was to relate to Mr. Hilla that they would like to see a complete survey to show all the parking and perhaps an overlay of the square footage of the building to see what is occupied and what is not. They will have to submit a new application and narrow the use.

At this time the Board was ready to go into Executive Session and Mrs. Vitale offered he following Resolution, which was seconded by Mr. Stango and unanimously approved:

''WHEREAS, the Open Public Meetings Act permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, the Brielle Board of Adjustment is of the opinion that such circumstances presently exist,

NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of the
Borough of Brielle, on Tuesday, February 6, 2007 as follows:

1. The public shall be excluded from discussion of and action upon the specified subject matters.

2. The general nature of the subject matter to be discussed is as follows: Litigation.

3. It is anticipated at this time that the above stated subject matter will be made public in the near future.

The Board came out of Executive Session at 8:38 p.m. on a motion by Mr. Sigler, seconded by Mr. Harman, approved unanimously by voice vote. As there was no other business to come before the Board, a motion to adjourn was made by Mr. Stango, seconded by Mr. Sigler and unanimously approved, all aye. The meeting was adjourned at 8:40 p.m.

_____________________________
Karen S. Brisben, Recording Secretary