BOROUGH OF BOUND BROOK PLANNING BOARD JUNE 26, 2003 CALL TO ORDER The meeting was called to order by chairman Robert Fazen at 7:30 p.m. at Council Chambers, 230 Hamilton Street. ROLL CALL Present were:  Mayor Ryan, Mr. Dietrich, Mr. Thompson, Mr. Gaglia, Mr. Sabatino, Mr. Fazen, Mr. Krauser, Ms. Ackerman, Mr. Fasanello and Mrs. Pournaras. Also present were the following staff members:  Mrs. Malone, Recording Secretary; and Mr. Rodgers, Attorney. COMPLIANCE STATEMENT This meeting is being held in compliance with the “Open Public Meetings Law.”   The requirements of the Law have been met.  The Annual Meeting Notice has been posted in the Municipal Building, filed with the Municipal Clerk, and forwarded to the Bound Brook Chronicle in January, 2003. SALUTE TO THE FLAG MINUTES OF PREVIOUS MEETINGS      A motion was presented by Mr. Sabatino and seconded by Mr. Krauser to approve the minutes of the June 12, 2003 Regular Meeting.  Unanimous. ANNOUNCEMENTS Mr. Fazen announced that the only item on the agenda is an application that is still not complete.  We will discuss some resolutions and new forms.  He noted future items for future dates. OPEN TO PUBLIC Representatives were present from the Girasole application.  They are expanding their current restaurant, and the board was not ready to hear the application (they just received it today).  The architect had discussed it with Mrs. Doyle before the application was filed.  They will be heard first on July 10. Mr. Fasanello noted that the application might not be complete, and he wondered how we could schedule them without finding the application complete.  His concern is that when he comes to a meeting he would like to know ahead of time what will be on the agenda.  His question related to the procedures.   Mr. Fazen will address policies and procedures; they were discussed Monday with Mrs. Doyle and the zoning officer.  He is aware that ideally a planning board secretary would be responsible for all facets of scheduling (not a member of the board or the recording secretary).  Our procedure is a little different.  The board votes on completeness based on a recommendation by Mrs. Doyle.  If an application is received, it must be acted on within 45 days or it is considered approved. Mr. Fazen has been trying to anticipate completeness in order to get applications on the schedule.  He heard from Girasole Monday or Tuesday and said we had not received the application.  He is aware that applications are not being processed properly.  This board is efficient because they communicate among themselves.   A new document was reviewed for use in the application process.  The completeness review should go to the engineer, the planner, police, fire inspector, etc.  It should come back to the secretary, who would then declare it complete.  A checklist will be used to distribute new applications.  It is important to be thorough, because in the near future there will be a multitude of applications coming through (i.e. anything in a flood zone). Mrs. Pournaras asked how long the initial procedure would take; it has to be acted upon within 45 days.  She does not feel an applicant should have to pay rent for all that time waiting for a variance to be approved - the system has to be streamlined.  Mr. Fazen said the board cannot be concerned with these considerations.  Mrs. Pournaras said that in Somerville they seem to move faster.  Mr. Fasanello recalled Mr. Vastola's comment that Bound  Brook is one of the easiest towns to deal with. Mr. Krauser recalled that some applications have been found to be complete and then heard at the same meeting.  Mr. Fazen said this board secretary could cost $20-30,000 on a part-time basis.  Licensing and qualifications must be met.  Mr. Rodgers suggested that Joanne send them out immediately upon receipt in the construction office.  Mr. Fazen pointed out that no borough employee works for the Planning Board. Mr. Sabatino suggested not doing anything until Mrs. Doyle recommends completeness.  Mr. Fazen said other people have to contribute to the completeness review.  Mr. Fasanello pointed out that it is the applicant's responsibility to ensure completeness of the application.  That should be an incentive to get it done. Mr. Krauser has no problem with expediting an application.  If the public shows up for a hearing and it is found to be incomplete, notices would have to be re-sent.  The board has, in the past, done the whole thing in a month's time. Motion presented by Mr. Sabatino to wait for a recommendation for completeness from Mrs. Doyle before scheduling a hearing, seconded by Mr. Fasanello.  Mr. Rodgers asked if the hearing could be on the same night as completeness hearing.  When a recommendation is received from Mrs. Doyle it will be scheduled for a hearing.  When the application is deemed complete, it will go on the schedule for the next meeting.  Ms. Ackerman asked when the clock starts running - it is when the application is received.  The board has 45 days to declare it complete or incomplete; the clock starts again if it is declared incomplete.   Mr. Krauser said there are small applications such as minor site plans, minor subdivisions or `c' variances that could be heard the same night as the completeness hearing.  Once an application is deemed complete, if the applicant does not come forth the board can deny it without prejudice.   Mr. Fazen said that he does the scheduling.  What has been proposed is that once we receive a letter of recommendation from Mrs. Doyle (either way), he will schedule a hearing for completeness and possibly a hearing on the application at the same time; he will have to use his own judgment.  Mr. Fasanello said he will know that the application is likely to be heard if he has seen a recommendation for completeness. To clarify, once we get a letter from Ms .Doyle it will be scheduled by the chairman for either a completeness review or a completeness review and a hearing.  He will do nothing without a written letter (e-mailed) from Mrs. Doyle.  None of the three applications that were received this evening have been reviewed by the planner.  They will be mailed to her tomorrow and she will issue a letter fairly quickly.  If they are clearly incomplete, Mr. Fazen will notify the applicants of such reasons. Mr. Rodgers asked about the agenda.  Mrs. Pournaras suggested sending out a tentative agenda and then an update just before the meeting; Mr. Fazen has another suggestion. Mr. Rodgers asked if Ms. Doyle could rule on completeness and Mrs. Pournaras asked if the Site Plan Review Committee could make a recommendation on completeness; Mr. Fazen felt the board should make the ruling. Vote on motion:  Unanimous. PUBLIC HEARINGS #02-03, Imperial Travel Agency, 115 Talmage Avenue Application is still incomplete; no representatives in attendance. NEW BUSINESS DISCUSSION OF NEW DEVELOPMENT APPLICATION FORMS Mr. Fazen reported that Mr. Rodgers wrote an “outstanding” letter regarding the Compliance Review Committee.  Based upon a discussion last week, he put some thoughts down in response. He circulated some violations that were brought up to the board. The Planning Board has no enforcement authority All observations will be possible violations. Determination is up to zoning officer (violation exists). All situations are treated as possible violations. Zoning officer is asked to investigate (we don't have the authority to tell him to) Board committee will be called a Planning Review Committee. When information is provided, try to give as much information as possible (at least address). The report that comes from the committee will be transmitted by the chairman. Mr. Sabatino asked if the committee could send the letter.  Mr. Fazen will pass the information on to avoid anyone on the board “taking heat” for the report.  The committee was formed to follow up on resolutions.  Mr. Krauser suggested referring to the resolution in such cases.   Mrs. Pournaras said she does not hesitate to call the building inspector as a citizen, but nothing is usually done.  A copy of this recommendation will be sent to the mayor.  Mr. Rodgers noted that at the time this was started the building inspector was not knowledgeable, but this problem no longer exists,  It should be made so clear that if he does not act on it a dossier exists.   Mr. Gaglia mentioned the yellow awning.   The steps were installed without a permit and covered with an awning.  He felt a variance was needed for extending the steps onto the sidewalk as well as for the awning.  The building inspector at the time had no problem with it.  It can, however, be enforced now if the memo is powerful enough. PARKING ORDINANCE DRAFTED BY BOROUGH The draft ordinance was signed by the mayor and Tom Brodbeck.  This is an attempt to change the existing ordinance with regard to parking of commercial vehicles in residential areas.  It now says “and” instead of “or.”  Now, if a commercial vehicle is in excess of 12,000 pounds or 20 feet in length or 8 feet in height it cannot be stored on property (all ands were changed to or).  If the master plan is approved, it will supersede this ordinance.  The existing land use ordinance restricts parking of such vehicles.  It was amended to allow the parking of commercial vehicles. The board wants to prohibit parking or storage of all commercial vehicles unless they are in a garage.  There is a proposed ordinance in the master plan.  If it is adopted it will supersede any existing ordinance that deals with the same subject.  The land use ordinance would have to be changed to reflect the change to avoid this.  It is to be introduced on July 8 by Councilman Thompson. Mr. Sabatino noted that the new land use ordinance will be introduce din August; he wondered why they would do this a month before that.  The council has asked the board to review it. Motion presented by Mr. Gaglia to recommend approval of the change, seconded by Mr. Krauser.  Passed unanimously.  Mr. Fazen will notify the council in writing. Discussion of Transit Village Resolution The borough will propose the following resolution: WHEREAS the New Jersey Department of Transportation has issued a Statement of Qualification for Transit Village Designation; and WHEREAS, the Planning Board has adopted its Redevelopment Plan dated February 17, 2000; and WHEREAS, the Borough of Bound Brook's Redevelopment Plan endorses the Transit Village concept for the downtown Redevelopment Area; and WHEREAS, the Bound Brook Redevelopment Advisory Committee has spent much time studying the Transit Village; and WHEREAS, the firm of Kitchen & Associates has developed conceptual plans for downtown locations that would be suitable for Transit Village; and WHEREAS, Planning Board Chairman Robert Fazen has appeared before the governing body to promote the need for a Transit Village in the downtown Redevelopment Area; and WHEREAS, the governing body believes that a Transit Village will aid in the revitalization of the town and will serve a need by the commuters; and WHEREAS, the New Jersey Department of Transportation currently has a rail stop which has a good ridership; and NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of Bound Brook authorizes the submission of an application for designation of Bound Brook as a model for Smart Growth Transit Village. Mr. Deitrich made a motion, seconded by Mrs. Pournaras, to support the resolution.  Motion carried, 8-2-0.  Ms. Ackerman and Mr. Gaglia voted nay. The implication is two-fold and will be used to obtain grants (in the long run) and a consultant fee (in the short run).  Once you are designated a Transit Village by the state, there are grants available.  This is basically In the redevelopment areas.  Mrs. Pournaras noted that Bound Brook is uniquely situated to take advantage of this, and she feels it will be a benefit to Bound Brook. FUTURE APPLICATION SCHEDULE July 10     #06-03, Morera, 143 Vosseller  #08-03, Girasole July 24     #03-03, Bacchus Wine School REVISED APPLICATION FORMS Mr. Fazen has looked at the applications.  He feels the biggest problem is the first page of the application.  His sample first page is from Long Hill.  The first indicator is what the application is for.  The location of the property would be changed to the address.  Otherwise, he would keep it the same.  The date received will be indicated by “application filed.”  The completeness question will be answered by the board. Mr. Fazen will e-mail copies of Mr. Thompson's forms to everyone.  He feels this is a good start. Mr. Fazen had copies of the current application forms and will send the revisions to everyone.  The new cover sheet will be used with the proposed applications.  Directions will have to be included in English and Spanish. FLEA MARKET/FARMER'S MARKET A flea market application was recently denied by the board (variance application).  Mr. Fazen wondered why the farmer's market in town is not required to come under the same scrutiny by the board. Mrs. Doyle said that (1) it is not a flea market and (2) it is a public parking lot with a license from the council for one year.  A variance, on the other hand, would be granted in perpetuity.  It is also a non-profit organization and all vendors are registered. M. Rodgers said the flea market was on private property in a residential zone, and the board was within its rights to deny it. The farmer's market is not before the board.  The land is leased by the borough, and they are allowing it once a week for one year on this property.  The board had nothing to do with this market. PLANNING BOARD WEB SITE Mr. Fazen announced that the minutes for this year and current agendas are posted at www.fazen.org.  Mrs. Pournaras recommended that, starting in 2002 or 2003, all resolutions be posted.  Mr. Rodgers said they are public records and everyone who wants to can see them.  Mr. Rodgers will e-mail the resolutions to Mr. Fazen and they will be posted.  Mr. Thompson suggested that a PDF file would make it more difficult to change the files after copying them (not in the page)   Bound Brook.com will establish a link to it. Mr. Rodgers suggested that applications on which no action was taken should be eliminated in some way (canceled?)  Mrs. Pournaras noted that 99% of the current downtown businesses never came before the board with applications. Mr. Ryan noted that Bound Brook received a grant for streetscape improvement.  The Freeholders approved the Bound Brook interlocal agreement with Somerset County.  Federal approval was obtained.  There was some discussion about the roundabout.  Ribbon cutting for the bridge will be July 1 at 3:00 with freeholders, and Bob Franks (who started the grant) in attendance. ADJOURNMENT Motion presented by Mr. Fasanello, seconded by Mr. Gaglia, to adjourn the meeting at 9:05 p.m.  Unanimous.                                    Respectfully submitted,                                    Barbara A. Malone                                    Recording Secretary