BOROUGH OF BOUND BROOK PLANNING BOARD JULY 10, 2003 CALL TO ORDER The meeting was called to order by chairman Robert Fazen at 7:35 p.m. ROLL CALL PRESENT:  Mr. Ryan, Mr. Dietrich, Mr. Thompson, Mr. Gaglia, Mr. Fazen, Mr. Krauser and Mrs. Pournaras. Also present were the following staff:  Ms. Graff, substitute recording secretary; Mr. Rodgers, board attorney; Mrs. Doyle, planner. 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:  June 26, 2003 Motion presented by Mrs. Pournaras, seconded by Mr. Krauser, to approve the minutes of the June 26, 2003 Regular Meeting.  Unanimous. ANNOUNCEMENTS Mr. Fazen announced that Mrs. Malone's father, Robert Tuck, died Tuesday.  Mr. Fazen sent flowers on behalf of the planning board. AGENDA Mr. Fazen announced that public hearing #06-03, Morera, 143 Vosseller Avenue (Completeness), #07-03, La Iglesia, 16 Mountain Avenue (Completeness) and #08-03, Girasole, 502 West Union Avenue (Completeness), and #09-03, Brook Theater, 10 Hamilton Street (trying to become complete). OPEN TO THE PUBLIC (NON-AGENDA ITEMS) No comments.   PUBLIC HEARINGS #06-03, Morera, 143 Vosseller Avenue (completeness):  A letter from Mrs. Doyle stated that the application appeared to be a matter of consideration for a waiver of site plan requirements, since the applicant indicated that the former use was a clothing consignment store and the proposed use is a clothing and consignment store.  She also stated that lighting seemed to be a potential issue and that the Board should receive information on exterior elements with regard to this issue.  It was suggested that the application be posted on a date that the Board deemed appropriate. Mr. Fazen said that completeness of the application should be voted on.  Mr. Gaglia made the motion to deem the application complete.  Mrs. Pournaras seconded.  Unanimous. Mr. Morera is not making any changes to the building.  Mrs. Doyle said they should talk about the lighting for the signage in the front.   Mr. Fazen asked that the concern about the lighting is for security.  Mr. Brown, the owner of the building, spoke about the lighting.  He said he wanted to speak to code inspectors before he did anything with the lighting.   Mr. Morera said that the hours of operation would be Monday through Saturday, 10-8 and Sunday, 9-3.  Mr. Fazen said the lighting would be critical for the evening hours.   Approval of waiver, moved by Mr. Thompson, seconded by Mrs. Pournaras.  Unanimous.  The board will provide resolution at the next meeting and they expect lighting to be provided.  Mrs. Doyle said that the resolution could say that the board had considered a continuing use of a clothing consignment store.  Mrs. Pournaras asked if they could have a resolution for no food and Mr. Morera said there would not be any food.   Mr. Rodgers said the application is going to waive the requirement if the applicant agrees that he will install the lighting for the safety of the customers outside the premises after dark, and the second condition is that there will be no food in the store.  It will be noted by statement of fact, not of condition, the applicant is going to continue the use as a clothing consignment store,   There were some comments concerning whether the sign had to be flat. #07-03, La Iglesia, 16 Mountain Avenue (completeness):  Mr. Fazen said that Mrs. Doyle's letter of June 30, 2003 to La Iglesia indicates that the application is deemed incomplete as applicant has elected to provide the minimum amount of information as required for a use variance and has not provided a site plan. Mr. Fazen stated that he received documentation from Ed Gagney, architect, with an explanation of a number of issues that were corrected. Mr. Thompson made a motion and Mrs. Pournaras seconded it to deem the application incomplete.  The vote was unanimous.  Mr. Fazen said that a letter will go out from Barbara to the applicant indicating the application was incomplete until further review of the documents. #08-03, Girasole, 502 West Union Avenue (completeness):  Mr. Fazen stated that in Mrs. Doyle's June 30, 2003 letter to Girasole, the application was deemed incomplete until the survey was provided.   Mr. Carl Branciforte, attorney for Girasole, said a survey was done of the property.  He gave Mrs. Doyle a sealed copy.  Based on what he saw in this survey, he wanted to make a recommendation to proceed with the application and make a condition of any approval, after review of the survey.  Mrs. Doyle stated the application was complete.  Mr. Krauser made a motion, with Mr. Gaglia seconding to deem the application complete.  The vote was unanimous. Mr. Branciforte said the plan was to expand the restaurant's front wall out 10 feet towards Union Avenue.  It would be a 9% increase in the existing building area.  The landscaping would not be changed.   No variance would be needed.  This would be an increase of 12 seats. Mr. Burns, the architect, explained the expansion and stated that there would be adequate parking.   Mrs. Doyle noticed that there would be adequate parking, but mentioned that fencing was installed, but not approved, but it should be recognized as an approved site plan element. There was some discussion on uniform sidewalk configuration.  Mr. Fazen stated that he was not comfortable requiring a uniform sidewalk configuration.  Mrs. Doyle said the applicant was asked to do this the last time and refused.  She said this would be the last opportunity with this applicant to have the sidewalk done.  There was some more discussion on the sidewalks.  There was a recommendation giving him a 5 year window.   Mrs. Doyle wanted documentation that the board acknowledged that this is a suitable addition. Mr. Krauser made a motion to approve and Mr. Thompson seconded the approval.  Mr. Fazen said the resolution would be ready in 2 weeks. #09-03, Brook Theater, 10 Hamilton Street (completeness):  A letter from Mrs. Doyle stated that the applicant must provide written authorization from the owner of the premises so that this board will have the authority to make the determination.  It is recommended that the board review the calendar to determine a date which may be favorable for consideration of this application.  The applicant has not applied for site plan consideration.   Mr. Fazen said that with respect to completeness, there are only 2 issues.  One is the letter which was received this evening which no one had a chance to review.   Mrs. Doyle stated that the zone does not permit 2 family or multiple family.  There was a question as to whether or not a deed variance was required.  The attorney disagreed.  He said they were taking the theater as well as the 2 story masonry building.  There is not a lot that is being reduced.  Mrs. Doyle said that lot 2 was getting smaller.  She suggested not getting into a 45 day appeal period process and get a deed variance because there needed to be a public hearing anyway. Mr. Fazen explained that lot 2 is being reduced in size.  Because it is being reduced in size, a deed variance is required.  There was some discussion concerning the reduction of the size of the lot.   On behalf of the applicant, the attorney said the reason they were here so late, besides financial considerations, was they also had difficulties with the owner of the property which resulted in some litigation.  He apologized to the board for the inconvenience of coming forward at the last minute. There was some further discussion. Mrs. Doyle recommended completeness for both the deed and the sub-division.  Mr. Krauser motioned for completeness and Mrs. Pournaras seconded.  Unanimous.  The application was deemed complete. REPORTS OF OFFICERS AND COMMITTEES: Mr. Fazen announced that Mr. Krauser would attend the big map meeting on July 24, 1003.  He said the meeting focuses on the NJDEP big map.  Mrs. Pournaras asked if it was Smart Growth and she said she would like to attend. NEW BUSINESS Future Application Schedule      July 24 -- #03-03, Bacchus Wine School OLD BUSINESS Mr. Fazen said they had 2 weeks to review the new applications and they had only one comment.  There was a suggestion from Mr. Gaglia.  It was decided to put a cover sheet on it.  Mr. Fazen said he would give 2 more weeks for review. MISCELLANEOUS BUSINESS      Resolutions:        #05-03, Nasser & Khalaf, 18 Maiden Lane Mr. Gaglia made a motion to accept the resolution as written.  Mr. Thompson seconded.  Unanimous.  Mrs. Pournaras abstained. Mrs. Doyle said she received the July 3 annual report from Barbara Malone.  Mrs. Doyle recommended that it be sent to the governing body.  She felt that Mrs. Malone did a beautiful job.  Mr. Fazen said he would send it if there were no objections. Mrs. Doyle requested a closed session for a matter of personnel. Mrs. Pournaras mentioned the outstanding resolution for Atlantis Travel who moved.  Mr. Fazen suggested cleaning up businesses that have changes in use.  Mrs. Pournaras asked if they had to come before the planning board for a change in use.  Mr. Fazen felt that it was a tough call. Mr. Gaglia made a motion to go into closed session for a personnel issue at 8:50.  Mrs. Pournaras seconded.  Unanimous. Mr. Thompson made a motion to return to public session at 9:00.  Mr. Dietrich seconded.   Mrs. Pournaras made a motion to adjourn at 9:00.  Mr. Dietrich seconded.  Unanimous.  Meeting adjourned.                                    Respectfully submitted,                                    Holly Graff                                    Secretary Pro Tem