Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
732-842-2400 phone 732-219-0581 fax

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November 8, 2007

LITTLE SILVER PLANNING BOARD
BOROUGH OF LITTLE SILVER
480 PROSPECT AVENUE
LITTLE SILVER, NEW JERSEY  07739
(732) 842-2400

Tuesday, November 8, 2007                            7 P.M.
Regular Meeting - Planning Board

The Regular Meeting was called to order at 7 P.M. by Chairman Jacobi who gave the following Statement of Compliance:  Adequate notice of this meeting has been provided by giving of annual notice to the Asbury Park Press and Two River Times and by filing of such notice with the Clerk of the Borough of Little Silver and by prominently posting said notice on the Borough bulletin board.

Roll Call:    Present:    Mayor Castleman, Chairman Jacobi, Mr. Lindsey, Mr. Chimento,
                Mr. Nuara, Mr. Neff, Mr. Morris and Attorney Leckstein

Absent:    Councilman DeNoia, Mr. Olimpi, Mr. Scott and Mr. Drawbaugh

Correspondence:  October 15,  2007 letter from Attorney Kennedy regarding Little Silver Cleaners.  October 25 and November 6, 2007 letters from Attorney McGann regarding request for waiver of required Environmental Impact Statement concerning Site Plan Application of Dr. Joseph DiBenedetto.  Copy of October 23, 2007 letter of Daniel Acciani to the Mayor and Council regarding the Kalian development.  Letters of incompleteness from Freehold Soil to Forefront Homes regarding 99 Rumson Road, Walgreen’s Corporation and Kalian.  County Planning Board final approval to Walgreen’s Pharmacy and conditional approval to Kalian.  Notifications from the New Jersey State League of Municipalities concerning workshop regarding signs and Board Member training during the up-coming convention.  Notification of application for DEP permit for 56 Oakes Road and for CAFRA permit for drainage improvements at Howard Beach.
October 24, 2007 letter from the County Planning Board forwarding 2006 Annual Report, Proposed Development Activity Year End Summary and 2007 Profile.  Copies of purchase orders and financial information.

Minutes of  October 2 and 16, 2007:  Chairman Jacobi stated that Mr. Drawbaugh had requested sidewalks on the north side of Eastview Avenue as a condition of the Kalian Resolution; he was unable to confirm that this had been placed in the Resolution.  A review of the Resolution found the condition on page 6, condition 10.  Chairman Jacobi then stated that he was unhappy with the wording regarding the clean up of the site (condition 3 on page 5) which states “The applicant shall obtain any and all necessary approvals from the NJDEP and/or any other appropriate government agency so that they may remove all construction material, debris and refuse…” where he had specifically requested  the word “shall”.  Mr. Neff agreed also suggesting that the wording be changed.  This issue was discussed with Attorney Leckstein stating that this does not give the applicant an option.  If a permit is not obtained, the applicant would have to come back to the Board.  He stated that he would rather not change the Resolution until the 45 days have passed.  The Board was agreeable.

Mayor Castleman Moved to approve the October 2, 2007 Minutes as presented.  Seconded by Mr. Lindsey and a unanimous voice vote followed.

Mayor Castleman then Moved to approve the October 16, 2007 Minutes as presented.  Seconded by Mr. Neff and a unanimous voice vote followed.

Discussion by Little Silver Cleaners, 601 Branch Avenue, Block 31, Lot 136 regarding
Ingress/Egress:

Richard Shakely, Esquire appeared in place of Attorney Kennedy regarding this matter advising that Little Silver Cleaners is seeking a clarification.  He explained that the Monmouth County Planning Board, during the normal course of site plan application, had advised that they want ingress from Branch Avenue and egress from Birch Avenue as to this site as their policy is, whenever possible, to shift traffic off of a County road.  Little Silver Cleaners wants ingress and egress from Branch and Birch Avenues where it now has ingress and egress from Branch Avenue.  The County, in reconsideration, would agree to ingress and egress from Birch Avenue but only ingress from Branch Avenue.  The Chairman of the Board has pointed out that something from the Borough stating its position may carry some weight and therefore, the applicant is present for some guidance hoping that this Board would agree with the applicant’s wish of ingress and egress from Branch and Birch Avenues. 

Attorney Leckstein explained to the Board that the application had been filed with this Board and in seeking County approval this issue came up the reason the application has not moved forward at this level.  He noted that the applicant’s proposal is an increase in the site’s intensity; a second floor is proposed, however, he believes that the footprint will remain.  He then reviewed Mr. Kennedy’s September 10th letter with the Board noting that a second floor residential unit and professional office space is proposed.

Discussion among Board Members noted that nothing will be accomplished by the County’s requirement as all traffic ends up back out on Branch Avenue anyway as well as the fact that it is difficult existing Birch Avenue.  The sense of the Board was that it agreed with the applicant, that ingress and egress should be on both Branch and Birch Avenues.  Mayor Castleman Moved to request Attorney Leckstein to correspond with the Monmouth County Planning Board as discussed.  Seconded by Mayor Castleman.  It was noted that there was no public comment and a unanimous voice vote followed.

Sign Application of McLoone Management, 155 Markham Place, Block 37, Lot 13:

Chairman Jacobi briefly reviewed the above sign application which had been provided in each Board Member’s package.  When questioned, the Secretary confirmed that the Zoning Officer had found it conforming to the Ordinance.  Mayor Castleman Moved to approve the application as presented.  Seconded by Mr. Chimento and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Lindsey, Mr. Chimento, Mr. Nuara,
Mr. Neff and Mr. Morris

Negative:    None

Abstentions:    None

Unfinished Business:  None at this time
New Business:

Application of Bijal Patel and Ginny L. Capo to continue to construct a partially constructed 16’ by 34.67’ deck, 2’ from grade, on  the  property  at 23 Standish Road,  Block 28, Lot 88, in the R-3 Zone which violates the minimum required lot area of 20,000 square feet where
11,105 square feet is existing, the minimum required improved road frontage of 100 feet where 75 feet is existing, the minimum required front yard setback of 30 feet where 19 feet is existing, the minimum required rear yard setback for a principal structure of 50 feet where 54 feet is existing and 46’ is proposed and the minimum required side yard setback for a principal structure of 15 feet on each side where 9.5 feet and 33 feet is existing and 9.5 feet
and 21 feet is proposed:

Attorney Leckstein noted that service had been found in order.

Mr. and Mrs. Patel were sworn in.  Mr. Patel explained to the Board that they proposed a wood deck facing the north and east sides of their property adjoining Bennett Lane, facing toward Branch Avenue.  When questioned by Chairman Jacobi, Mr. Patel confirmed that the rear yard is being reduced to 46 feet.  When questioned by Mr. Neff as to the notation on the Agenda that the application was “to continue to construct a partially constructed deck”, Mr. Patel explained that he was not aware that he needed a permit, began construction, having set the footings and framework for the deck and then was stopped.    When questioned by Mr. Lindsey, Mr. Patel stated that he had not had a deck previously.

Attorney Leckstein noted that Bennett Lane was a cut through, a path which is grown in.  Mr. Patel stated that it had recently been cleared.

Chairman Jacobi called for further questions from the Board.  There were none.  He then called for questions from the public.

Dan Goff, 24 Bennett Lane, was sworn in and noted that he is located to the rear of the applicants’ property.  He stated that he is concerned with the size and height of the deck and the creation of extra noise and lighting.  He requested privacy plantings, arborvitae, 6 feet tall, on the property line.

Attorney Leckstein, after reviewing the key map pointed out that it appears that there is 80 to 100 feet to the property line and 120 feet to the deck.  He questioned the applicants whether they had any objection to installing plantings.  The applicants were agreeable, however, noting that they were concerned with cost.  Mr. Patel stated that the deck is the same level as the first floor of the structure.  Also, from Spring through Fall there is good coverage existing.  He reviewed photos of the area in question with the Board.

Mr. Chimento stated that arborvitaes grow quickly and a 4 foot height would be reasonable.  When questioned further, he suggested 6 to 8 trees, four foot high on four foot centers.  He then Moved to approve the application with that condition.  Seconded by Mr. Nuara and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Lindsey, Mr. Chimento, Mr. Nuara,
Mr. Neff and Mr. Morris

Negative:    None

Abstentions:    None

Application of Spencer Foxworth, Foxworth Building Co., LLC, 50 Winfield Drive Little Silver, New Jersey to demolish the existing home and construct a 2 ½ story single family home with 16’ by 30’ deck on  the  property  at 76 Maple Avenue,  Block 55, Lot 6, in the R-3 which violates the minimum required lot area of 20,000 square feet where 9,644 square feet is existing; the minimum required improved road frontage of 100 feet where 75 feet is existing; the minimum required rear yard setback for a principal structure of 50 feet where 65 feet is existing and 37 feet is proposed and the maximum allowable lot coverage of 18% where 23.1% is proposed:

Attorney Leckstein noted for the record that service had been found in order.

Ted Parsons, Esquire appeared on behalf of the applicant noting that this application concerns an undersized lot where the setbacks will comply except for rear yard and lot coverage.  The proposed open deck creates the coverage issue as well as the rear yard setback.

Spencer Foxworth was sworn in.  When questioned by several Board Members as well as Attorney Leckstein, he testified as follows:  He owns the property but will not live in the home; in the rear there will be 56 feet to the actual home; the home will be approximately 2,400 square feet where the existing home is about 1,100 square feet and the existing home is one story where he proposes two stories.  The existing home is approximately 70 years old.  The proposed deck will be 20 inches above grade.  The house to the rear is approximately 100 feet away.  No chimneys are proposed for the new home.  The existing fencing is not located on his property and the fence in the rear is about four feet high.  The 23.1% of lot coverage proposed includes the deck; without the deck, the coverage would be at 18% which is the maximum allowed.  The proposal compared with the existing is similar, the side yard setbacks are about the same, the front has been moved back and the new deck will encroach into the rear yard.

Mr. Lindsey commented that he viewed the property and found that the surrounding lots are similar, the homes look the same, they are about the same size, this is a major change for the neighborhood.  Attorney Leckstein commented that then each house will follow.

Mr. Foxworth pointed out that the house across the street is new as is the one on the corner, both probably larger than 3,000 square feet.  When questioned by Attorney Leckstein, Mr. Foxworth responded that the 2,400 square feet does not include the one car garage.

Chairman Jacobi called for questions from the public.

Rich Wallace, 82 Maple Avenue, next door to the west, was sworn in.  He noted that the four surrounding homes spoken of were built in 1945 and 1946 by the Maimone Brothers and are all similar.

Mrs. Hanson, 70 Maple Avenue, was sworn in.  She questioned whether the proposal would conform to what is existing?  Attorney Leckstein responded that it would be nothing like what is existing and doesn’t have to be.  He explained the rear yard and coverage issues relating to the deck.  Chairman Jacobi added that there are pre-existing variances but if the deck were removed from the proposal, no new variances would be created. 

Mr. Chimento added that this proposal is not out of character for what is built today and he didn’t feel it would overwhelm the neighbors.

When questioned by Mr. Wallace, Mr. Foxworth responded that it would take about four to four and a half months to build and that he would begin immediately.  As to utilities he may use a generator or if taken from a next door neighbor if willing, the neighbor would be compensated. 

Discussion followed with regard to the length of the process with the public being advised that if approved, a Resolution would be prepared in two weeks, after that the applicant must publish and provide evidence of same, possibly another two weeks and once done, the paperwork would then be released to the Construction Official.  The Construction Department has 21 working days for plan review.  Mr. Wallace noted his concerns as another home in the neighborhood took a very long time to finish with the porta-potty sitting in the front yard.  Mr. Foxworth stated that he would begin as soon as possible and was very familiar with the process and discussed other homes he constructed within in the Borough, noting that he moves pretty quickly.  He felt that he would complete the job in early May. 

The Secretary noted that the Borough asks everyone doing construction to not place a porta-potty in the front yard.  Mr. Foxworth stated that he would comply and was willing to have this as a condition in his resolution.

Attorney Parsons pointed out that the applicant could have a patio, defined as under one foot, a similar size to the proposed deck, which would not count as a structure.  Attorney Leckstein noted that the Board is aware of that.

Mr. Foxworth stated that if he places the porta-potty in the rear, that neighbor may feel encroached upon and questioned whether this was required by Ordinance.  The Secretary advised that it is not, it is a request from the Governing Body, a courtesy.  Attorney Leckstein stated that the resolution will say that it must be placed in an “inconspicuous place”.

Mr. Lindsey then Moved to approve the application with the conditions discussed.  Seconded by Mr. Neff.

Chairman Jacobi commented that the only reason he was inclined to vote for this application is that he feels the deck is not a real structure.  Mayor Castleman stated that she was concerned with the work being done quickly.  Prompted by Mr. Neff, Attorney Leckstein noted that he would include the landscape plan in the resolution and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Lindsey, Mr. Chimento, Mr. Nuara,
Mr. Neff and Mr. Morris

Negative:    None

Abstentions:    None

Application of John T. Chimento to demolish the existing one story home down to the first floor decking and construct a 48’ by 41’ two story home with second floor balconies, in-ground swimming pool and spa and associated raised patio on  the  property  at 38 Sunnylands Court, Block 80, Lot 4.04, in the R-2 Zone which violates the minimum required improved road frontage of 100 feet where 96.89 feet is existing.  A CAFRA and/or Freshwater Wetlands (DEP) Permit is required.  (Received):

Mr. Chimento recused himself from this application and sat in the audience.

Attorney Leckstein noted for the record that service had been found in order.

JT Chimento was sworn in and explained to the Board that he proposed to remove the existing ranch to the decking, minimally increase the existing footprint and build a two story home.

Attorney Leckstein noted that this application is for insufficient road frontage of four feet.

When questioned by Chairman Jacobi, Mr. Chimento stated that a second floor balcony is proposed facing toward the dock and woods, not overlooking any of  his neighbors.

Chairman Jacobi called for questions or comments from the public.  There were none.

Mr. Lindsey Moved to approve the application as presented.  Seconded by Mayor Castleman and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Lindsey, Mr. Nuara,
Mr. Neff and Mr. Morris

Negative:    None

Abstentions:    None

The Board then reviewed Attorney McGann’s request for a waiver of the required Environmental Impact Statement concerning the Site Plan Application of Dr. Joseph DiBenedetto.  Discussion determined that the request would not hold up the application going forward and that the Board would consider the request during the application, after hearing what is proposed.  If required, the fee will be paid at that time. 

Chairman Jacobi noted that the Board had matters relating to potential litigation to discuss and requested a Motion to enter Executive Session. 

Mr. Lindsey Moved to enter Executive Session for the purpose of discussing potential litigation matters at 9 P.M.  Seconded by Mr. Neff and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Lindsey, Mr. Chimento,
        Mr. Nuara, Mr. Neff, Mr. Morris

Negative:    None

Abstentions:    None

RESOLUTION EXECUTIVE SESSION:

BE IT RESOLVED by the Planning Board of the Borough of Little Silver that the following portion of this meeting dealing with litigation matters shall not be open to the public; and

BE IT FURTHER RESOLVED that it is anticipated that the matters to be discussed and considered in private may be disclosed to the public when the reason in closed session discussion and action no longer exists; and

BE IT STILL FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exception set further in the Act:  Potential Litigation

The Board returned to Open Session on Motion of Mayor Castleman at 9:09 P.M. and Second of Mr. Lindsey.

Chairman Jacobi noted for the record that all Members remained present.

Mayor Castleman Moved to authorize substitute Attorney Jeff Gale to defend the Kutzin matter.  Seconded by Mr. Neff and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Chairman Jacobi, Mr. Lindsey, Mr. Chimento,
        Mr. Nuara, Mr. Neff, Mr. Morris

Negative:    None

Abstentions:    None

Resolutions:   None at this time

There being no further business to come before the Board, the meeting was adjourned at
9:10 P.M. on Motion of Mr. Nuara and Second of Mr. Chimento.

                        For Chairman K. Edward Jacobi


                        ___________________________________
                        Diane L. Ramsey, Secretary

Dated:  November 14, 2007











         
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Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
732-842-2400 phone      732-219-0581 fax




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