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A Community by the River

Borough of Brielle, NJ


April 12, 2011

June 07 2011

April 12, 2011

BRIELLE PLANNING BOARD

TUESDAY, APRIL 12TH, 2011

The Regular meeting of the Brielle Planning Board was held on Tuesday, April 12th, 2011 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 Garruzzo, Thomas Condon, James Harman, James Langenberger and Charles Sarnasi

Absent Terre Vitale, Tim Sigler and James Stenson

Michael Rubino, Board Attorney was present. Sherri E. Hopkins recorded the minutes.

Chairman Condon then 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, 2011 meeting were approved on a motion by Mr. Langenberger, seconded by Mr. Harman and approved by voice vote, all aye.

Correspondence:

All Board Members received February/March issue of the NJ Planner. All Board Members received a copy of the correspondence to DEP in reference to Block 98, Lot 2, 912 Jordan Drive, to allow reconstruction of an existing dock & relocate two existing boatlifts: Block 75.01, Lots 8-8.01, 812 Ashley Avenue, to do maintenance dredging; Block 58.01, Lot 2.01, 201 Union Lane, to do maintenance dredging.

Old Business:

The Board then turned to the Approval of Resolution for Variance for Block 20.01, Lot 14, 623 Woodland Avenue, owned by James & Tina Cadott to allow expansion of a front porch.







RESOLUTION OF APPROVAL FOR THE
BOROUGH OF BRIELLE PLANNING BOARD
FOR MINOR SUBDIVISION
FOR JAMES AND TINA CADOTT
623 WOODLAND AVENUE, BLOCK 20.01, LOT 14

WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey has an application before it on behalf of Tina and James Cadott for premises known as 623 Woodland Avenue, Brielle, New Jersey and said premises also being known as Block 20.01, Lot 14 in the Borough, to allow expansion of the front porch so as to create a variance where 30 feet is required for front setback and 19 feet is proposed and the Board having held an open public hearing on March 8, 2011 and at that time having listened to the testimony of the applicants and objectors, if any, and the applicants having appeared pro se; and
WHEREAS, the Board has jurisdiction of the matter as a result of the applicable Ordinances of the Borough, adopted pursuant to the Municipal Land Use Law, Chapter 291, Law of 1975, as amended and supplemented, and the Board having considered the matter at a public hearing set forth above, and the Board having made the following findings of fact:
1. The applicants are proposing to replace an old front porch on the premises as it is in a state of disrepair. The proposed new porch will be 22 feet across and 6 feet deep as shown on A-1 that was marked into evidence at the March 8, 2011 hearing. A variance is needed from Code Section 21-13.2(a)l(d) where a 30 ft. front setback is required and 19,1 feet is proposed.
2. The Board finds that the proposed new porch fits in with the existing look of the house, will improve the house aesthetically and therefore be an improvement to the neighborhood.
3. The property sits on Woodland Avenue and the house itself is pre-existing and has been on the property for a substantial period of time. The main portion of the house sits at its closest point to Woodland Avenue at 25.1 feet. Therefore it would be impossible to add a porch to the house without violating a front yard setback, in addition thereto, there is already an existing porch which will be taken down which violates the front yard setback.
4. The Board also notes that there is at least 10 feet of space between the edge of Woodland Avenue and the start of applicant's property.
5. The applicants purchased the property in or about 2005.
6. The Board finds that the variance, if granted, would be justified under either the C-1 or C-2 section of the Statute. The Board also finds that the relief requested is reasonable in nature as it is replacing an existing porch already on the property. The Board finds that by reason of extraordinary and exceptional situation that uniquely affects the subject property and the structure which lawfully exists thereon, the strict application of the aforementioned regulations would result in peculiar and exceptional practical difficulties to or exceptional or undue hardships on the applicant as it is noted that the board finds that the building at the site exists lawfully thereon and that the proposed porch is a reasonable use intended to that building.
7. The Board also finds that the applicant has demonstrated that the purposes of the municipal land use law will be advanced by a deviation from the zoning ordinance and that the benefits of such deviation will substantially outweigh any detriment resulting from a grant of this application as the Board finds that the proposed addition will be an aesthetic improvement to the area.
8. The Board further finds that the granting of relief is consistent with the intent of the master plan and is not repugnant to the ordinances of the township and the board further finds that the granting of said relief will not negatively impact the surrounding properties.

WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey does hereby resolve to grant variance Approval to Tina and James Cadott for premises known as 623 Woodland Avenue, Brielle, New Jersey, said premises also being known as Block 20.01, Lot 14 for variance approval from Code Section 21-13.2(a) 1(d) to allow a 22 ft. by 6 ft. porch setback at 19.1 feet where 30 feet is required. The granting of this relief is subject to the following:
1. Payment of taxes and other costs and fees to date.

2. The porch shall not be enclosed

3. The applicant shall comply with requirements of the letter of Alan Hilla, Jr. the Board Engineer.


______________________________
COLLEEN CASTRONOVA
Administrative Secretary
Adopted: 11th April 2011

Moved: James Langenberger

Seconded: James Harman
Ayes: 6
Nay: : 0
Absent: Tim Sigler, James Stenson, Terre Vitale
I, COLLEEN CASTRONOVA, Administrative Board Secretary of the Borough of Brielle Planning Board, do hereby certify the foregoing to be a true copy of the Resolution that was adopted by the Planning Board on April 12th, 2011.

The Board then turned to the Approval of Resolution for Variance for Block 62.01, Lot 1, 101 Chestnut Court, owned by Barclay Woods Association, Inc. to extend the concrete patio around the pool.


RESOLUTION OF APPROVAL FOR THE
BOROUGH OF BRIELLE PLANNING BOARD
FOR MINOR SITE PLAN WITH VARIANCE
FOR BARCLAY WOODS CONDOMINIUM ASSOCIATION, INC.
101 CHESTNUT COURT BLOCK 62.01 LOT 1

WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey has an application before it on behalf of the Barclay Woods Condominium Association, Inc, for Minor Site Plan Approval and Variance to allow it to extend the concrete patio around the pool to the west and to construct a retaining wall to accommodate the proposed expansion, and an engineering packet having been submitted prepared by R.C. Burdick, P.E., P. P.C., dated November 18, 2009, last revised February 1, 2010, and the applicant having been represented by Michael Landis, Esq., and the applicant having appeared before the Board on March 8, 2011, and at that time the Board having listened to the testimony offered on behalf of the applicant and of objectors, if any; and
WHEREAS, the Board has jurisdiction of the matter as a result of the applicable Ordinances of the Borough, adopted pursuant to the Municipal Land Use Law, Chapter 291, Law of 1975, as amended and supplemented, and the Board having considered the matter at a public hearing set forth above, and the Board having made the following findings of fact:
1. The property in question, Block 62.01, Lot 1 consists of one lot located at the intersection of Mountain Laurel Lane and Chestnut Court. The property is part of the Barclay Woods Condominium development. It lies within the Borough's Garden Apartment Residential Zone (R-5). The subject property contains a clubhouse, in-ground pool and tennis courts which serve the aforementioned development. The applicant wants to extend the concrete patio around the pool to the west and construct a retaining wall to accommodate the patio expansion.
2. Code Section 21.39 prohibits structures in a site triangle easement. The proposed improvements will encroach into the prescribed triangular area and that the proposed construction is to be done to widen the walkway around the therefore along with minor site plan, a variance is required for this non-conformity.
3. Testimony was offered at the hearing that residents and visitors were placing furniture too close to the pool and as a result the Board of Barclay Woods was concerned that persons were going to trip and fall into the pool. They advised pool for both convenience and safety of pool patrons. They advised that the widened walk would allow them to have said furniture moved further from the pool.
4. Robert Burdick, the applicant's engineer and planner, offered testimony that although the proposed plans violate the site triangle ordinance of the Borough, the plans are consistent with the guidelines of the federal regulations concerning same. In addition thereto, Mr. Burdick opined that as the speed limit allowed at that section of the association is 15 m.p.h., there should not be a safety concern with the violation of the ordinance. Mr. Burdick also confirmed that the Brielle Police Department reviewed the plans and did not take an adverse position to the relief requested.
5. The Board finds that the testimony offered by the association and Mr. Burdick is truthful and the Board therefore believes that there is an existing potential for danger at the pool area of the property, and the Board finds that the modifications to the site as proposed herein will add to the safety of persons using the pool area. The Board also finds that because of the limited speed of 15 m.p.h. of the area in question and because the proposed modifications are within the federal highway guidelines, that the modification should not result in any hazard to the motorists in the area.
6. At the hearing, the applicant agreed to modify its plans consistent with the letter of Alan P. Hilla, Jr., P.E.,P.P., C.M.E., the Board Engineer Planner.
7. The Board finds that the relief is justified under the C-2 Section of the Statute in that the safety of the pool patrons will be enhanced by the deviation. The Board finds that the applicant has demonstrated that the purposes of the Municipal Land Use Law will be advanced by the deviation from the Zoning Ordinance and that the benefits of such deviation will substantially outweigh any detriment resulting from a grant of this application.
8. The Board finds that the granting relief is consistent with the Master Plan of the Borough and is not repugnant to the ordinances of the Borough. The Board further finds that the granting of said relief will not negatively impact the surrounding properties.
WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth, State of New Jersey does hereby resolve to grant Minor Site Plan with a Variance for site triangle relief to the Barclay Woods Condominium Association, Inc. for premises known as 101 Chestnut Court, Block 62, Lot 1. Said relief shall not be granted until such time as the applicant has met the following conditions:
1. Payment of all fees and taxes to date.
2. Compliance with the February 23, 2011 letter of Allan P. Hilla, Jr., Board Engineer.
3. Satisfaction of all outside approvals as deemed necessary by the said Board Engineer.
______________________________
COLLEEN CASTRONOVA
Board Secretary
Adopted: 11th April 2011

Moved: Mayor Thomas B. Nicol

Seconded: Councilman Frank Garruzzo
Ayes: 6
Nay: : 0
Absent: Tim Sigler, James Stenson, Terre Vitale
I, COLLEEN CASTRONOVA, Administrative Board Secretary of the Borough of Brielle Planning Board, do hereby certify the foregoing to be a true copy of the Resolution that was adopted by the Planning Board on April 12th, 2011.

The Board then turned to the Approval of Resolution for Variance for Block 105, Lot 8, 1022 Riverview Drive, owned by Mark Gatanis, for an existing condition.

RESOLUTION OF APPROVAL FOR THE
BOROUGH OF BRIELLE PLANNING BOARD IN THE MATTER OF DISMISSAL OF APPLICATION OF MARK GATANIS, WHOSE PREMISES IS KNOWN AS 1022 RIVERVIEW DRIVE, SAID PREMISES ALSO KNOWN AS 1000 SHORE DRIVE, BLOCK 105, LOT 8.

WHEREAS, the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey has before it an application for variance approval for Mark Gatanis for premises known as 1022 Riverview Drive, Block 105, Lot 8 in said borough. Said premises also being known as 1000 Shore Drive and the applicant having applied for a variance from Code Section 21-12.2(a)1(e) for an existing condition at the property that was not permitted prior to the start of construction, and the applicant having appeared before the board in December, 2010, and the board requesting at that time additional information to be added to the plans and directing the applicant to return to the board with said revised plans. And the board finding that notice was given to the applicant in February, 2011 that if the applicant failed to forward revised plans to the board that the matter would be dismissed and the applicant having failed to file revised plans by the March 8, 2011 meeting of the board nor receiving any requests for extension from the applicant, the board at the March 8 meeting dismissed the matter.
WHEREFORE the Planning Board of the Borough of Brielle, County of Monmouth and State of New Jersey does hereby resolve to dismiss the application of Mark Gatanis without prejudice for premises known as Block 105, Lot 8, 1022 Riverview Drive, also known as 1000 Shore Drive, Brielle, New Jersey. Any new application filed by the applicant shall be accompanied with complete application fees and escrow fees.
Adopted: April 12th, 2011
Moved: James Langenberger

Seconded: Councilman Frank Garruzzo

I, COLLEEN CASTRONOVA, Administrative Board Secretary of the Borough of Brielle Planning Board, do hereby certify the foregoing to be a true copy of the Resolution that was adopted by the Planning Board on April 12th, 2011.
Ayes: 6
Nay: : 0
Absent: Tim Sigler, James Stenson, Terre Vitale


____________________________
COLLEEN CASTRONOVA,
Board Secretary


NEW BUSINESS:

Application for Block 89.01, Lot 7, 608 Oceanview Road, owned by Michael & Lynn Mastrocola , to allow more than 2% fill in conjunction with new single-family dwelling, in-ground pool, fence & retaining wall. Amount of fill - 300 cubic feet allowed, 844 cubic feet proposed.

Planning Board member Mr. Sarnasi recused himself from the Mastrocola application.

Michael Mastrocola came before the board to state his need for grading of his property at 608 Oceanview Road. Mr. Mastrocola (applicant) and Mr. Carpenter, Licensed Planner and Engineer were then sworn in by Mr. Rubino.

Mr. Mastrocola explained to the board the grading was to level one area for an in ground swimming pool and to level the lower area for entertaining. Mr. Mastrocola stated they would be installing an 18" landscape wall made of stone or slate which would complement the neighbors landscaping and also several steps between the levels.

The meeting was opened for questions from the members of the audience and, hearing none, that portion was closed.

Mr. Mastrocola introduced Mr. Carpenter, licensed planner and engineer to further state the need for grating. Mr. Carpenter introduced into evidence A-1 & A-2 the site plan and A-3 & A-4 photos of the property. Mr. Carpenter stated the difference in grating would be approximately 7ft. He also spoke of adding three sections of drainage which are not currently on the property,

Mr. Condon opened the floor for questions for Mr. Carpenter. Mr. Rubino asked if this would negatively impact the neighbors. Mr. Carpenter responded No it would have less impact on the neighbors. Mr. Langenberger questioned whether there would be a drop between the Mastrocola property and the next-door neighbor Johnson's property. Mr. Carpenter stated No this would even out their properties.

Mr. Condon opened the meeting for questions from the audience and hearing none, that portion was closed.

Mayor Nicol made a motion to accept the application, seconded by Councilman Garruzzo.

As a motion to accept the application had be made and seconded, the following roll call vote was taken.

Ayes: Mayor Nicol, Councilman Garruzzo, Mr. Condon, Mr. Harman, Mr. Langenberger

Noes: None
Absent: Tim Sigler, James. Stenson, Terry Vitale
Abstained: Charles Sarnasi

Other Business:

Mr. Sarnasi declined the nomination for vice chairman of the Planning Board. Mr. Condon asked for nominations.

Mr. Garruzzo nominated Mr. James Stenson, seconded by Mayor Nicol. As there were no other nominations, Mr. Stenson was approved by unanimous vote.

As there was no other business to come before the board, a motion to adjourn was made by Mayor Nicol, seconded by Councilman Garruzzo and unanimously approved, all aye and the meeting was adjourned at 7:52 pm.



___________________
Approved: 10th May 2011 Sherri E. Hopkins
Board Secretary



 

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