BOROUGH OF BOUND BROOK PLANNING BOARD FEBRUARY 27, 2003 CALL TO ORDER The meeting was called to order by chairman Robert Fazen at 7:30 p.m. in the Council Chambers, 230 Hamilton Street. ROLL CALL Present were:  Mayor Ryan, Mr. Thompson, Mr. Sabatino, Mr. Fazen, Mr. Shive, Mr. Krauser, Mr. Fasanello and Mrs. Pournaras. Also present were Mr. Rodgers, board attorney; Mrs. Doyle, planner; and Mrs. Malone, recording secretary. 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 MEETING      Motion presented by Mrs. Pournaras, seconded by Mr. Shive, to approve the minutes of the February 13, 2003 meeting.  Unanimous. ANNOUNCEMENTS Mr. Fazen made the following announcements: Somerset County Historical Society Award Ceremony will be held on May 5 (nominations due March 24 for deserving projects). Hamilton Street Café will be discussed; it is a Compliance Review Board issue.  Mr. Fazen spoke with the zoning officer, indicating he believes they are in violation of the resolution, and asked him to take appropriate action if he agrees.  With the recent fire scares, there are problems that have to be addressed immediately (including lack of panic bars). Application #02-03 will be scheduled as appropriate. Holubowicz application has been postponed to March 13. Application logs will be e-mailed to everyone. Somerset County Historic Preservation Grant Program has been received.  If we get our ordinance in place, Mr. Fazen will file an application for moneys to audit every building in the borough and make recommendations to the Commission as to historic sites and districts (at a cost of approximately $20,000). AGENDA Compliance Review Board Approval of Master Plan for dispatch to the Borough Council. Approval of the Historic Preservation Ordinance for forwarding to Borough Council. OPEN TO PUBLIC          NON-AGENDA A member of the public asked what's going on at Route 28 and Vosseller; where a building is being demolished.  The roof caved in from the snow, according to board members. PUBLIC HEARINGS #12-02, Holubowicz, 105 Hardy Avenue (subdivision) -- POSTPONED . HISTORIC PRESERVATION ORDINANCE Mr. Fazen explained that this ordinance will stand alone; it is not attached to the Master Plan, but the Master Plan does refer to it.  Mr. Fazen will ask the borough council to act quickly on this item. Mr. Shive made a motion that the Historic Preservation Ordinance be forwarded to the mayor and council for adoption as written.  Mrs. Pournaras seconded the motion. Mrs. Pournaras had some concerns and asked if individual properties will be selected or entire neighborhoods.  Mr. Fazen said the commission will be responsible to find historic districts (i.e. Watchung Road) as well as sites such as the stone bridge, the Kissell house, and the stone wall cemetery.  The commission would recommend them to the borough council for approval. Mrs. Pournaras was concerned that everything over 50 years old would automatically be declared historic under this ordinance.  Mr. Fazen explained that everything over 50 years old could qualify, or even something less than 50 years old if there are extenuating circumstances relating it to a famous person, history, or other special reasons. Mr. Thompson asked what kind of commission this would be; it would be advisory in nature to get sites designated.  A Certificate of Appropriateness would have to be granted for painting or changing the façade of such sites.  The Commission would be very limited, and most potential landmarks have already been destroyed.  Mr. Shive pointed out that today's buildings will be tomorrow's historic sites.  Mrs. Doyle noted that the average house in Bound Brook was constructed in 1946.   Mrs. Pournaras expressed a concern about redevelopment.  If, for example, The Brass Rail were considered an historic site, the borough would lose a prime site for redevelopment.  Mr. Shive suggested attaching a Table of Contents; Mr. Fazen will comply and also will present it personally to answer any questions the council may have. Mr. Thompson said this is something the town has needed and applauded Mr. Fazen for his time and efforts, having saved the borough thousands of dollars by writing it himself. Mr. Ryan noted that the furniture store that was discussed was once an ice house.  He wondered if the building might be a liability to the borough by being declared an historic site.  Severe maintenance concerns can be addressed, according to Mr. Fazen. Mrs. Pournaras asked if the owner could sell a property that was declared historic.  He could sell it but would have to get approval to demolish it under certain circumstances.  She asked about the curved (arched) windows on the top floors of old buildings.  The owners tend to replace them with square windows, and they would likely be prevented from doing this.  The Committee could require same-type replacement, but this decision could be appealed to the Planning Board first.  This commission only advises people on the national standards for historic preservation.  If the town takes it seriously, they will listen to the commission.  Mr. Sabatino pointed out that this ordinance will also deal with landscaping. Vote taken - unanimously approved. COMPLIANCE REVIEW BOARD Mr. Fazen went over Mrs. Pournaras' comments, which he considered outstanding. Mrs. Pournaras is in the process of reviewing all the resolutions from the past two years.   Lilaine's - awning has not been removed; no dumpster in the rear; sign was removed but the letters are still legible.  It seems to be more of a mini-market than a party store.  Mr. Fazen will draft a letter addressing these alleged violations. Laundromat - large-screen TV, four video games - the place is neat and clean and not being used as a hangout.  Mrs. Pournaras does not feel it is in violation of the resolution.  Mrs. Pournaras looked at the license book and did not see appropriate licenses.  Since it is an arcade game, Mr. Fazen did not feel it needed a license. Salvation Army - The premises were to be used during the day; it is in use around the clock.  There are different types of activities.  Twenty-three spaces should have been marked as dedicated to their use.  Cars are parked often along the curb In the lot, and wedding receptions are taking place at the site.  Our concerns will be expressed to the borough.  A discussion was held as to whether parked cars can be ticketed if they are improperly parked in designated spots.  Mr. Thompson noted that if the Brook Theater opens there will be no place to park.  Mrs. Pournaras suggested that if only the tenants used the lot it would not be a problem.  Mr. Fazen acknowledged that the Salvation Army is a very busy place and a boon to the community, but the owner should be enforcing the terms of the resolution. In relation to Zabba Zu, Mr. Fazen explained that it was approved as an art gallery.  They claim that bands also represent artistry.  The zoning officer is the only person who can interpret a possible change in use. Mrs. Pournaras stressed that enforcement must be consistent. Quick Service on Hamilton Street, a telephone store, has become a nuisance. There are constantly delivery trucks parked around the building.  The exterior was to be cleaned up and painted, according to Mr. Rodgers.  Mr. Thompson said there is no picture on file.  The burden of proof is not on us, Mr. Fazen said.   Groceries Deli - (next door to Lou's Sub Shop) - dumpster area is a mess and inside smells.  Mr. Shive said it sounds like a Board of Health issue, and Mr. Fazen will look at our resolution. Bakery - no food consumption approved on premises (Mediterraneo Bakery).   Girasole - Wrought iron fence along Union Avenue; they were given a Certificate of Occupancy after rejection by Mrs. Doyle's office.  The sidewalk was not acceptable, nor was the landscaping. Hagen Funeral Home - not yet open.   Several stores downtown are retail but have not appeared before the board.  Spagna uses a storefront for an office and parks several trucks along Maiden Lane constantly. Shop-Rite Center:  Mrs. Pournaras could not find applications for the tanning salon or Qwest.  She wondered if they need to appear before the board; they do.  Cingular has not made an application to the board. Dunkin Donuts seems to be renovating their site; that is not in our jurisdiction.  Mr. Fazen applauded Mrs. Pournaras for her work.  A list will be made up indicating progress on these investigations. Mr. Ryan asked how anyone knows the resolution is being adhered to.  He suggested a copy be returned after inspection.  Mr. Rodgers suggested that a Certificate of Occupancy should not be issued before compliance with the resolution has been affirmed.  Mrs. Pournaras asked if the zoning officer might attend these meetings instead of Mr. Ruscetta, who seems to have a conflict.  There is a budgetary issue with that approach, but comp time can be used as a compromise.  The borough is in dire financial straits.  Mr. Fasanello suggested letting the mayor and council know what our concerns are and what we need from the zoning officer.  Mr. Thompson suggested that a letter be sent to the officer suggesting that these resolutions are not being complied with.  Mrs. Doyle pointed out that Bound Brook's procedure is unique; any other community has an application jacket with sign-offs for zoning officer, engineer, etc.  She offered to develop a checklist for Bound Brook if they would like to set up a procedure. Mr. Fazen explained that Bound Brook is very understaffed as compared to any other municipality he has seen.  It is therefore very important to have policies and procedures.  Mr. Thompson has rewritten all the applications, but it is not the planning board's obligation.  The new applications are not being used, Mrs. Doyle pointed out.  Mrs. Doyle has a checklist for the clerk, and Mr. Krauser will provide one from Franklin.  Mr. Sabatino offered to review them.  They are available to Mr. Fazen in his classes. Another suggestion Mr. Fazen made was to write job descriptions for borough employees.  Mrs. Pournaras noted they are being worked on.  Mr. Thompson said the Borough Administrator has all of them; we will get them when they are completed.  Mr. Rodgers suggested the board give some feedback.   Mrs. Pournaras noted that no Certificates of Occupancy were issued in this town until a couple of months ago.  Mrs. Doyle said taxes are based on a C/O.  Mr. Krauser said, technically, only one C/O is granted on a property.  There should be one on file and then a CCO or Certificate of Compliance is issued when ownership changes.  Mr. Sabatino will start the process, and Mr. Fazen offered to help when he can. Mrs. Doyle suggested looking at the map; a property on Livingston and Union Avenues was discussed and the line does not run down Livingston.  It had been resolved. MASTER PLAN Mrs. Doyle said the Master Plan will include a Fair Share Plan in order to be certified.  She hopes to get every rehab project listed.  In 1999 it was turned over to the county, who hired an agency, and they did one through yesterday.  She wondered if there is veterans' facility on High Street; she was informed that there is.  There is also one on East Street and no one knew if they were related.  She has to visit them to see how many bedrooms they have. A home for the blind is reportedly on Watchung Road; Mr. Fazen said there is not.  When asked if there is a mentally disabled home on Thompson or Vosseller,  Mr. Ryan said there are two but they are not claiming exemption.  There is one on Longwood and Highland. With regard to a home for women on East Second Street. no one is aware of one. Mrs. Doyle praised Mrs. Pournaras for the comments she made on the Master Plan.  Mr. Gaglia believes his facility, serving windows, doors and mirrors, should be defined as an appropriate use for  a neighborhood business. The existing B2 zone does not permit residential units on upper floors.  The question is whether or not the Master Plan and ordinance should be amended to permit this.  The B2 zone is downtown, the redevelopment zone, from Columbus east.  There are many existing residential units on upper floors.  Mr. Fazen suggested making the B2 zone an NB/R zone.  That would allow businesses on the lower floors and residences only on the upper floors.   NB/R is primarily a neighborhood business zone (page 109).  Automotive uses are prohibited and residential uses are not permitted on the first floor.  It would have to be modified to allow restaurants.  Mr. Sabatino asked what the original intent was.  Mrs. Doyle explained this was the R5 zone which was a neighborhood business zone intended to support the local community  The trouble is it wasn't moving.  They could not rent the shops and so were permitted to have residences on the lower floor.   Mrs. Doyle suggested consistency was needed.  It went to a residential zone only.  The difference In character is more a “neighborhood” approach.  There is a big push in the B2 zone for the redevelopment advisory committee to encourage residential uses on the second floor.  Her concern is parking for the sites that are vacant, based on the number of bedrooms.  It would be necessary to find out what is there. Motion presented by Mr. Sabatino that the existing B2 zone on Main Street be changed to NB/R and that uses in NB/R be redefined to include B2 zone uses.  Repair shops would be added to the list of neighborhood businesses.  Mr. Shive suggested changing the definition of B2 to allow these uses in order to differentiate between the main business district and this zone.  Some of these buildings, Mrs. Doyle pointed out, are very large east of Columbus.  Mr. Krauser felt the zoning should be conducive to having a service business in the town where you live.  NBR and BR can be used to differentiate.   Mrs. Pournaras suggested that businesses have parking on their premises in the NBR zone; that is not true in B2.  The B2 Zone could be changed to allow one or two apartments with stipulation that they provide parking.  Mrs. Doyle said that is in the ordinance.  Mr. Fazen suggested calling it a BR zone for Business/ Residential.  Mrs. Pournaras did not know if that would cause repercussions in the future.  The board does want to authorize residential uses.   There is no parking requirement now in the B2 zone, as Mrs. Doyle noted.  A variance could be applied for or a fee could be imposed.  Mr. Rodgers asked about minimum sizes. Mr. Krauser made a motion to call this a BR zone, seconded by Mrs. Pournaras.  B2 is now B/R (Business/Residential).  Unanimously carried. Mr. Krauser pointed out existing businesses, but NB/R will be expanded to include local retail sales, plumbers, electricians, carpentry, repair shops, butcher, upholstery repair, baker, restaurants, laundromats and such uses, as well as offices, garages and warehouses on the first floor.  This area is Columbus Place to Tea Street.   There will be no outside storage of equipment and materials.   No warehouses larger than 2000 square feet will be allowed.  Prohibited uses include automotive service, repair, rental and sales as well as first floor residential uses.   A hot dog vendor on the corner of Tea Street and Talmage was felt to be illegal.     Motion by Mrs. Pournaras, seconded by Mr. Thompson, to give Mrs. Doyle this general guidance to rewrite this section of the ordinance.  Unanimous. One bedroom residential in NBR is 700 square feet minimum and 900 for two bedrooms.  Mr. Thompson asked if accessory building use can be limited by “not to be used for the storage of livestock”   The BR zone (formerly B2) is on page 116.  The board wants to keep the uses the same for the ground floor (retail sales and business, administrative and professional offices) intended to serve the regional user.  There was a discussion about employment agencies and related parking issues.  It was decided by show of hands to allow employment agencies in this zone. Mr. Shive asked where a check cashing shop would fall; community need and community image seem to be at odds.    It was decided to allow check cashing in this zone, but called financial services and banks.  Restaurants, drug stores, flower shops, and theaters will be allowed.  Small grocery stores are retail sales as a neighborhood business and would be allowed.   Antique, art, thrift and clothing shops would be allowed.  Prohibited are new and used car lots, auto sales and rentals, junk yards, trailer camps, roller skating rinks, warehouses, storage, auction establishments, rooming and boarding houses, adult entertainment and book stores, and go-go dancing establishments.  Bicycle sales and repairs are authorized.  Pool halls and video arcades would be prohibited.  Motorcycle sales and repairs would be prohibited, as well as tattoo parlors.  Pawn shops and bail bondsmen are prohibited. Residential aspects will be the same as the NBR zone.  Mrs. Pournaras suggested taking out efficiencies in this zone (560 square feet) and leaving one and two bedroom apartments with a minimum floor area of 750 square feet and 950 square feet, respectively.  Mr. Shive said the rental rates would be driven up by the larger required space.  It was decided to leave the square footage at 700 and 900 for one and two bedroom apartments, respectively. Site plan approval is required for any proposed residential use.   Mr. Thompson addressed storing pigeons in a garage.  He suggested that accessory buildings should not be used to house any live animals.  Under definitions, a garage is used to house vehicles.  Under general provisions of zoning regulations, Mrs. Doyle could add “in all zones, no more than __ animals can be housed.”  Mr. Fazen does not feel it should be addressed in a land use ordinance. Mrs. Pournaras did not feel that home occupations should be permitted in any zone.  Some of the board members had a problem with this concept.  A home occupation can stipulate only one employee or residents of the home.  This type of business tends to expand and become a nuisance. The board decided not to eliminate home occupations.  There are limits imposed by the current ordinance.  Mrs. Doyle read the conditions imposed, and the board accepted the current wording. Mrs. Doyle asked for an extra month to finalize the Master Plan.  Mr. Fasanello asked if flag lots are prohibited; they are. FUTURE APPLICATION SCHEDULE Holubowicz (March 13) RESOLUTIONS #07-02, Springkey Enterprises, 314 Winsor Street Motion presented by Mrs. Pournaras, seconded by Mr. Fasanello to approve the above resolution  Unanimous. #01-03, Atlantis Travel, 205 West Union Avenue Motion presented by Mr. Sabatino, seconded by Mrs. Pournaras, to approve the resolution.  Mr. Fasanello was not in attendance for the hearing and declined to vote on the resolution.  Motion carried, 7-0-1.. ADJOURNMENT:           Mr. Sabatino made a motion, seconded by Mr. Shive, to adjourn at 10:20 p.m.  Carried unanimously. Respectfully submitted, Barbara A. Malone Recording Secretary.