Land Use Board Meeting

Borough of Highlands LUB Meeting Minutes Municipal Building, 151 Navesink Ave., Highlands, NJ June 13, 2024 Acting Chair Bruce Kutosh called the meeting to order at 7:06pm and asked all to stand for the Pledge of Allegiance. He then read the Public Meeting Statement ROLL CALL: Present: Mr. Kutosh, Ms. LaRussa, Mr. Montecalvo, Mr. Zill, Vice Chair Tierney, Ms. Chang, Chair Knox (arrived at 7:20pm) Absent: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Cramer, Mr. Cody, Ms. Vickery Also Present: Board Attorney Austin Mueller, Esq., Board Engineer Cameron Corini, and Board Secretary Nancy Tran PUBLIC COMMENTS: None APPROVAL OF MINUTES: May 9, 2024 Meeting Minutes OFFERED BY: Vice Chair Tierney SECONDED BY: Acting Chair Kutosh AYES: Ms. LaRussa, Mr. Zill, Ms. Tierney, Acting Chair Kutosh, NAYS: None ABSTAIN: None INELIGIBLE: Mr. Montecalvo, Ms. Chang ABSENT: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Cramer, Mr. Cody, Ms. Vickery, Chair Knox RESOLUTIONS: Memorializing Resolution for LUB2022-06: Martin -15 Barbarie Ave., B77 L15 LAND USE BOARD RESOLUTION 2024-14 MEMORIALIZATION OF SECOND EXTENSION OF MINOR SUBDIVISION APPROVAL WITH ANCILLARY VARIANCE RELIEF MATTER OF MARIE MARTIN Approved: May 9, 2024 APPLICATION NO. LUB-2022-06 Memorialized: June 13, 2024 WHEREAS, an application for a second extension of time for minor subdivision approval with ancillary variance relief has been made to the Highlands Land Use Board (hereinafter referred to as the “Board”) by Marie Martin (hereinafter referred to as the “Applicant”) on lands known and designated as Block 77, Lot 15 as depicted on the Tax Map of the Borough of Highlands (hereinafter “Borough”), more commonly known as 15 Barberie Avenue in the R-2.01 (Single Family Residential) Zone (hereinafter “Property”); and WHEREAS, a public hearing was held before the Board on May 9, 2024 with regard to this application; and  WHEREAS, on or about May 2, 2024, the Board received a written request for a second extension of minor subdivision approval and at the May 9, 2024 hearing, heard statements from the Board Secretary regarding the request, and with the public having had an opportunity to be heard; and WHEREAS, a complete application has been filed, the fees as required by Borough Ordinance have been paid, and it otherwise appears that the jurisdiction and powers of the Board have been properly invoked and exercised. NOW, THEREFORE, does the Highlands Land Use Board make the following findings of fact and conclusions of law with regard to this application: 1. The Applicant is seeking a second extension of time for the minor subdivision approval with ancillary variance relief granted by the Board on October 13, 2022 and memorialized in a Resolution dated December 20, 2022. 2. The Applicant was granted minor subdivision approval with ancillary variance relief to subdivide the subject Property into two (2) new lots. Proposed Lot 15.01 would retain the existing two- story, single-family dwelling. The minimum front yard setback of the existing dwelling would be nine (9) feet, whereas 20 feet is required, therefore variance relief was required. Variance relief was also granted to permit 35.56% building coverage for proposed Lot 15.01, whereas a maximum of 33% was permitted. The proposed dwelling on proposed Lot 15.02 would comply with the Zoning Ordinance. 3. The Applicant was subsequently granted a 180-day extension of time. 4. The Applicant did not testify at the hearing but submitted a letter to the Board from her counsel, requesting an additional extension 180 day extension. The Applicant’s letter dated May 2, 2024 explained that the reason for the extension request was to allow additional time to complete the filing with the County Clerk due to delays with third-party approvals. 5. There were no members of the public expressing an interest in this application. 6. The Board has received, reviewed, and considered the Applicant’s May 2, 2024 written request for an extension of time of the Resolution approving minor subdivision approval with ancillary variance relief dated December 20, 2022 pursuant to N.J.S.A. 40:55D-47. All exhibits, resolutions, and statements have been incorporated herein in their entirety. WHEREAS, the Highlands Land Use Board, having reviewed the proposed application and having considered the impact of the proposed application on the Borough and its residents to determine whether it is in furtherance of the Municipal Land Use Law; and having considered whether the proposal is conducive to the orderly development of the site and the general area in which it is located pursuant to the land use and zoning ordinances of the Borough of Highlands; and upon the imposition of specific conditions to be fulfilled, hereby concludes that good cause has been shown to approve the application of Marie Martin for an additional 180-day extension of time for minor subdivision approval pursuant to N.J.S.A. 40:55D-47. The Board acknowledges that the Applicant has diligently pursued outside approvals and that due to circumstances beyond her control has faced unavoidable and unexpected delays. The Board, therefore, finds that an additional 180-day extension of time is appropriate in this circumstance pursuant to N.J.S.A. 40:55D-47. NOW, THEREFORE, BE IT RESOLVED by the Highlands Land Use Board on this 13th day of June 2024, that the action of the Land Use Board taken on May 9, 2024 granting Application No. LUB-2022-06 of Marie Martin an additional 180-day extension of time for minor subdivision approval with ancillary variance relief pursuant to N.J.S.A. 40:55D-47 and the same is hereby memorialized as follows: The application is granted subject to the following conditions: May 9, 2024 LUB Minutes 2  1. The Applicant is granted an additional 180-day extension of time. 2. All terms and conditions of the Board’s previous approvals, except as satisfied or amended, shall remain in place. 3. The Applicant shall provide a certificate that taxes are paid to date of approval. 4. Payment of all fees, costs, escrows due and to become due. Any monies are to be paid within twenty (20) days of said request by the Board Secretary. 5. Subject to all other applicable rules, regulations, ordinances and statutes of the Borough of Highlands, County of Monmouth, State of New Jersey or any other jurisdiction. BE IT FURTHER RESOLVED that the Board secretary is hereby authorized and directed to cause a notice of this decision to be published in the official newspaper at the Applicant's expense and to send a certified copy of this Resolution to the Applicant and to the Borough clerk, engineer, attorney and tax assessor, and shall make same available to all other interested parties. MOTIONED TO APPROVE: Vice Chair Tierney SECONDED BY: Ms. LaRussa AYES: Ms. LaRussa, Mr. Zill, Vice Chair Tierney, Acting Chair Kutosh NAYS: None ABSTAIN: None INELIGIBLE: Mr. Montecalvo, Ms. Chang ABSENT: Mayor Broullon, Chief Burton, Councilmember Olszewski, Mr. Cramer, Mr. Cody, Ms. Vickery, Chair Knox HEARING ON NEW BUSINESS: LUB2022-04: Kirsh Kraft – 9 Fifth St., B57 Ls 8 & 9 Henry Wolff, applicant’s attorney, introduced the application and addressed the missing checklist item from Board Engineer’s review. Mr. Cornini explained the significance of the checklist item and how the presence of wetlands affects the entirety of the application and its review by his office and the Board. Mr. Zill asked about ramifications. Ms. LaRussa asked for clarification and Mr. Mueller’s recommendation, to which he responded that it was at the Board’s discretion whether to hear the application with or without the missing checklist item. Mr. Zill asked for clarification of the NJDEP’s wetlands map and Mr. Cornini described the NJDEP’s map and its stance against applicants using its map as sole evidence of wetlands. Mr. Wolff asked the Board’s leniency to hear his professionals who were present. Acting Chair Kutosh stated that the Board agrees with the Board Professionals that there will not be a vote but that the Board was willing to hear the applicant’s professionals who are present. Mr. Mueller raised the issue of whether the application was seeking a d variance and asked for their clarification regarding having two principal structures on a single lot. Mr. Wolff answered that they did not see the application as seeking to have 2 principal structures as the other structure was an encroachment belonging to an adjoining property owner. Trevor Kirsh was sworn in as the property owner and began relating his history with the property. Acting Chair Kirsh reminded all parties to speak into the microphone as the meeting was being recorded. May 9, 2024 LUB Minutes 3 Chair Knox arrived at 7:20pm and assumed Chair. Mr. Kutosh brought Chair Knox up to speed. Mr. Kirsh reintroduced himself and restarted his testimony – describing the lots and the proposed plans. Chair Knox asked about the planned foundation and Mr. Kutosh asked whether there would be break- away walls. Chair Knox voiced his concern about the encroaching structure of the adjoining property and asked if the owner was present. No one responded. Mr. Kirsh acknowledged the encroachment and stated that he was not forcing anyone to tear down the encroaching structure. Mr. Kutosh asked what would happen when the other property owner should sell or raze his property. Ms. LaRussa asked if there were original plans for the encroaching property. Both Chair Knox and Mr. Kutosh did not believe that the property ever appeared before the Land Use Board. Mr. Wolff posed that the possibility exists that the encroaching property could claim rights as the structure has been there for a long time. Mr. Kutosh asked if the applicant had considered changing the property line to the other owner. Walter Hopkin was sworn in as the applicant’s Engineer and gave his credentials. He apologized for the miscommunication regarding the wetlands certification. He described the property and lots. Mr. Hopkin noted existing non-conforming features and listed the proposed variances. John Taikina was sworn in as the applicant’s planner and gave his credentials. He stated that efforts made to get more historical information about the encroachment from Lot 5 provided nothing. He described the characteristics of the encroaching structure. Mr. Taikina stated that the applicant’s reasonable request to the encroaching property owner to pick up the building and move it over to their own property and that the applicant was willing to grant an easement until such time. Chair Knox asked if any attempts were made to contact the other property owner and Mr. Wolff answered that they had been properly noticed but there were no response. Chair Knox asked about legal ramifications of ownership of applicant and encroaching property owner. Mr. Mueller added needing clarification of having two principal structures on one lot. Mr. Taikina suggested possible easement to handle various scenarios and gave Ocean Grove example and deeding example. Mr. Mueller noted that the d variance needed to be handled properly to make easements possible. Mr. Wolff asked Mr. Taikina if the application needed a d variance. Mr. Taikina answered no and that the issue was more of an encroachment than two principal structures on one lot. He proceeded to describe the proposed project and variances needed. He described the adjoining properties’ characteristics and noted that the variances requested were appropriate for the neighborhood. Mr. Taikina acknowledged the irregular characteristics of the application property but added that the proposed project with its 15 variances would overall fit into and benefit the neighborhood. He described Exhibit A-1 to answer the negative criteria, noting the comparison of the application with the neighborhood and the master plan. Mr. Taikina proposed that zoning is the issue rather than the property if more than 50% of neighboring properties are non-conforming. He further described neighboring properties that in a different zone that uses the same R 2.02 standards. Chair Knox clarified that these properties that are in different zone are across the street. Mr. Taikina accepted that certain Board conditions will be necessary but firmly believes that, with it being in the flood zone, the encroaching property will be required to be lifted, giving the opportunity for it to be moved. Ms. Chang asked why not consider just building one structure on one lot to be more conforming. Mr. Taikina disagreed with the assessment and stated that his data show that the majority of the properties May 9, 2024 LUB Minutes 4 are non-conforming on smaller lots. He added that historically there had been two houses on two lots with two different owners. Mr. Taikina clarified that Lot 8 and Lot 9 have different owners. He noted the disadvantages of owning the biggest property in the neighborhood. Mr. Mueller asked about the number of off-street parking and the number of proposed bedrooms and their compliance with RSI. Discussion regarding various parking scenarios followed. Mr. Corini asked about the encroachment discrepancy between the survey and the tax map. Mr. Taikina answered that the 2021 survey is correct. Chair Knox repeated his concern regarding possible property line dispute between the applicant and the owner of the encroaching property and possible ramifications. He wants to ensure that the Board is not giving away people’s property. Discussion regarding property line disputes followed. When Mr. Taikina finished his testimony, Mr. Kutosh asked for clarification of the wetland certification. Mr. Zill added that the easement between the two properties is messy and that easement would have to be a condition of approval. Mr. Muller announced that the application is carried to the July 11th meeting, being the first item on the agenda, without further notice and that the applicant is to provide the wetland certification prior. Mr. Wolff stated that he will reserve to do his closing then. ADJOURNMENT Offered by: Mr. Kutosh Seconded: Chair Knox All in favor. None Opposed Adjourned at 8:45pm I, Nancy Tran, certify that this is a true and correct record of the actions of the Borough of Highlands Land Use Board on June 13, 2024. ___________________________________________ Nancy Tran, Land Use Board Secretary May 9, 2024 LUB Minutes 5