Bound Brook Planning Board
Application 09-02: 555 East High St.
Application 09-02: 555 East High St.
Application No. 09-02
RESOLUTION
BOUND BROOK PLANNING BOARD
Applicant: William Hotz
Location of Premises:
Street address: 555 East High Street
Lot and Block: Lot 33 , Block 13-02
Present Zoning: R-6
Date Resolution Approved
as to Substance: 9-26-02
Date Approved as to Form: 10-10-02
Relief Sought: Subdivision approval and variance to allow transfer of existing lot and portion of another lot to Borough
Be it resolved that the Planning Board of the Borough of Bound Brook makes the following findings and conclusions with respect to the above application:
PLANS AND REPORTS SUBMITTED BY APPLICANT:
1. Applicant submitted a set of plans prepared by Wallace M. Graves, Associates, Inc. entitled "Minor Subdivision, Lot Line Adjustment" consisting of 1 sheet dated 12-7-01 and last revised 9-14-2002.
2. Application Number 09-02 dated 2-19-02.
REPORTS SUBMITTED BY OR ON BEHALF OF BOARD:
Correspondence from Scarlett Doyle dated June 15, 2002 and September 23, 2002.
ADDITIONAL EXHIBITS RECEIVED DURING HEARING:
None.
WITNESSES APPEARING BEFORE BOARD:
1. George Ritter, planner.
2. William Hotz.
3. Members of public.
FINDINGS OF FACT:
1. Applicant currently is the contract purchaser of lots 33 and 26.01 in block 13.02.
2. Lot 33 is approximately 1.59 acres in size and there is a garden apartment complex situated thereon. Applicant testified that the complex consists of 24 one bedroom units and 6 two bedroom units, or a total of 30 units.
3. Lot 26.01 is a long strip of vacant land averaging approximately 50 feet in width and running south to north along the easterly sideline of lot 33.
4. Applicant seeks to transfer all of lot 26.01 to the Borough of Bound Brook. He also seeks to transfer to the Borough a strip along the Easterly line of lot 33 that is approximately 15 feet wide at the Southerly end (where it fronts on East High Street) and 60 feet wide at the Northerly end, and contains approximately .107 acres. This strip runs between the Westerly line of Lot 26.01 and the Easterly line of the portion of lot 33 to be retained by applicant.
5. Part of applicant's existing driveway and parking lot is located on the strip of lot 33 to be conveyed and applicant will retain an easement to continue to use these improvements for their present use. Applicant does not intend to make any changes to the existing improvements on lot 33 or the land being conveyed to the Borough. The property to the North and East of applicant's property is currently owned by the Borough and used as park land.
6. By ordinance No. 2000-10 the Borough has agreed to accept a conveyance of this property.
7. The subdivision will require a side yard variance because the new easterly lot line will cause the side yard to shrink from 17.1 feet to 2.7 feet. The zone requirement is 25 feet. This lessening of the side yard is of limited concern in this instance because there will be no change in the property, and the land being conveyed will be donated to the Borough for use in connection with an existing park system. The Borough will benefit by being given, free of charge,
8. For the reasons set forth above the requested relief may be granted without detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.
APPROVAL AND CONDITIONS OF APPROVAL:
Applicant is hereby granted the subdivision approval and incidental side yard variance described above and in the above referenced plans subject to the following conditions:
1. Lot 26.01 and the strip being taken off lot 33 must both be conveyed to the Borough of Bound Brook, free of charge, and the deed accepted by the Borough and recorded, within 180 days of the date of approval of this resolution as to form.
2. The conveyance to the Borough will be free of restrictions except that it will reserve to the grantor an easement to continue to use and maintain the portion of the existing driveway and parking lot that is located on the portion of lot 33 to be conveyed to the Borough. The subdivision of lot 33 shall be created by two deeds, one to the Borough and one to the owner and conveying the retained portion of lot 33. Both deeds will contain metes and bounds descriptions of the property being conveyed (i.e., in the case of the land being retained by applicant, a metes and bounds description of the reconfigured lot 33) and both deeds shall contain a metes and bounds description of the easement area. Both deeds shall further recite that the owner of lot 33 shall have the right and duty, at its expense, to maintain the parking lot and driveway within the easement area in good condition and repair and free of snow and obstructions. The wording of each deed, including the details of the easement, shall be approved by the Borough engineer and Borough attorney in writing prior to approval by the planning board or recordation.
3. At least 6 sets of revised plans embodying the terms and conditions of this resolution shall be submitted to this Board, for execution by the Board Engineer, Board Chairman and Board Secretary, within 60 days of the approval of this resolution as to form. The Board Engineer shall not sign the plans until he is satisfied that they fully comply with this resolution. The Board Chairman and Secretary shall not sign the plans until they have been signed by the Board Engineer. The revised plans shall include the number, type and location of the residential units in the apartment buildings now located on lot 33.
4. The approval granted by this resolution and development pursuant to this approval is subject to compliance at all times with all applicable federal, state, county and municipal law and regulation including, without limitation, all environmental, building and property maintenance codes. The development constructed pursuant to these approvals shall be maintained in good condition and kept in compliance with this approval in perpetuity.
Date: ___________Signed_____________
BOARD CHAIRMAN
Date: ___________ Signed____________
BOARD SECRETARY
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