BOROUGH OF BOUND BROOK PLANNING BOARD JULY 24, 2003 CALL TO ORDER The meeting was called to order by chairman Robert Fazen at 7:40 p.m. at Council Chambers, 230 Hamilton Street. ROLL CALL Present were: Mr. Ryan, Mr. Gaglia, Mr. Sabatino, Mr. Fazen, Mr. Shive, Mr. Krauser, Mr. Fasanello and Mrs. Pournaras Also present were the following staff members:  Mrs. Doyle, Planner; Mrs. Malone, Recording Secretary; and Mr. Rodgers, Board 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 Mrs. Pournaras and seconded by Mr. Krauser to approve the minutes of the July 10, 2003 Regular Meeting.   Unanimous. ANNOUNCEMENTS CORREPONDENCE Letter from John Cilo regarding Transit Leadership Group, asking for Transit Village designation (we have received confirmation). Letter from State of NJ Department Of Transportation acknowledging receipt of Transit Village form.  Received at DOT prior to the July 15 deadline. Excerpt from state Land Use laws - annual report to the council on zoning of Bound Brook is required.  If there are a number of applications granted for variances in a certain area we have to notify them.  Mr. Fazen will refer them to the revised Land Use Ordinance. Letter from Bob Smith & Associates regarding Valley National Bank, requesting a 90-day extension.   Motion by Mr. Krauser, seconded by Mr. Gaglia, to grant the extension.  Mr. Fazen will notify.  Unanimous. Memo from Somerset County Planning Board to be distributed to members. Mr. Fazen will write to Bob Bzik indicating the borough's desire to be considered for consultant money (Transit Oriented Development).  Mrs. Doyle explained that we are ahead of the county in this application. Statement of qualification for Transit Village. Transit development study commissioned by the county. Final plans for Valley National Bank (4 copies) are available for perusal before signing. Approval was received from the Borough to purchase a new notebook computer, a recording system and a camera. Regarding the application forms we have been working on:  Checklist for Minor Subdivision needs review, and escrow fund language drafted by borough attorney will be included. Meeting of Smart Growth was held this morning.  Mrs. Doyle and Mr. Krauser attended.  Mrs. Doyle reported the colors have been changed on the Big Map.  There will be a cross-acceptance process (teams to be set up by the mayor).  She noted we don't know the rules until after we cross-accept; we first agree with the principles but would like to know some of the details.  The Big Map is now on the web site and on a disk.  One cannot determine where in this big area Bound Brook is.  The overlay needs some work. AGENDA: Completeness subdivision and variance (BB Theater) Mrs. Doyle met with the applicant and his attorney at length and sorted out those things required and those to be waived.  She assumes he may have the maps in question. OPEN TO PUBLIC Mr. Morera asked when the resolution will be ready; he needs it for a C/O inspection.  The board will vote informally by e-mail, and it will be signed and delivered to the building inspector.  Regarding the lighting condition, the applicant reported that 75-watt spotlights have been installed. PUBLIC HEARINGS #03-03, Bacchus Wine School, Church Street (completeness) Mr. Soriano, representing Mr. Neary and Mr. Kelleher, explained that Winemakers of Somerset is the new name (12 Church Street).  The application had been deemed incomplete.   The new plans being submitted this evening comply with all suggestions.  He hopes to have the application heard on August 14.  Mrs. Doyle is satisfied and will bring up any questions at the public hearing.  Not having seen the plans, she recommended completeness. Motion presented by Mr. Gaglia, seconded by Mrs. Pournaras, to deem the application complete.  Unanimous. Mr. Soriano asked if the board would notify the building department.  The applicant needs to put in electrical service because the Construction Code Official is being diligent.  At his own peril, he will commence renovations.  Mr. Fazen said the board has no authority over that.  Mrs. Pournaras has dealt with renovations on unoccupied premises, and Mr. Sabatino said repairs can be done.  Again, the board has no authority in this area. #09-03, Brook Theatre (Subdivision/Variance) Mr. Fazen explained that the application was declared complete at the last meeting and they are presenting an application for a subdivision and a variance. Mr. Fazen just received the notices this evening and has not had a chance to check them.  He will adjourn for five minutes to do so.  As a property owner who was served with a notice, Mrs. Pournaras was disqualified from the hearing.   (Adjourned from 8:02 p.m. to 8:08 p.m.) The notices were authenticated during the recess Mr. Shive's wife is on the board of directors of the Cultural Arts Commission, Mr. Fasanello was mayor during its inception and sat on the board but no longer does and therefore has no conflict.   Mrs. Pournaras was required to excuse herself, as well as the mayor, but the applicant was asked about Mr. Shive and Mr. Fasanello   The applicant had no objection whatsoever to Mr. Shive, and he feels he can vote against his wife's wishes if he feels it is appropriate. Mrs. Pournaras and Mr. Ryan stepped down. Mr. Fazen explained that the request is for a subdivision of the Brook Theater and an adjoining brick building.  Mr. Rodgers explained that the remaining property is to be further divided.  It intensifies the non-conforming use and special reasons are required. Richard Sasso introduced himself as representing Mr. Spengler, the owner, and the applicant.  A minor subdivision is needed.  Lots 2 and 10 already exist, and the Brook Theater is being carved out. The variances are also minor.  The use variance (needing 5 votes) is technical.  There is a pre-existing residential use that is not being intensified in any meaningful way.  Mr. Fiske, an engineer, and Mr. Petracca will testify.  They will also address parking concerns.   They will need a site plan, and details will be presented at that time.  The subdivision will allow them to close and preserve the funding. Mr. Paul Fiske was sworn in and explained his qualifications and experience as a licensed Professional Engineer and Planner.  Mr. Sasso asked Mr. Fiske to describe the property.  He presented a colored map of the existing conditions (June 30, 2003 BB4311EC), Applicant 1, and the proposed subdivision labeled BB4311-M, Applicant 2.  The two lots front on Hamilton Street and East Street.  It is in the B2 zone, General Business District.  Lot 10 is 1.09 acres with retail offices and an existing side yard nonconformity of 0.7 feet from the side lot and the rear yard overhangs the property line.  A minimum of 10 feet is required for a rear yard.   The other building is 21,777 square feet with a 2-story building in front and a five-story building (theater).  Nonconformities include 0.49 feet on the side and, to the rear, 5.9 feet.  Lot 10 has 30 parking spaces with access from Hamilton Street.   Lot 2 has 4 buildings:  a duplex and a four-plex totaling 3,334 square feet.  They also have nonconformities  in their side yards.  The buildings are residential, which is a variance from the zoning.  There is another building, of 1603 square feet, two story and two family since about 1910.  That building is non-conforming with a side yard nonconformity.  A building of 3,198 square feet, a warehouse circa 1925, has a rear yard setback in violation of the ten foot requirement (0 feet).  The warehouse has an inherent variance, with no commercial use to which it is auxiliary. Lot 2 has 54 parking spaces accessed through lot 10.  There is chain link fencing barring access by vehicles.   Proposed conditions change lot lines.  The theater building would be separated, as well as the warehouse.  Lot 2 would then only have residential uses. Mr. Sasso asked, with regard to the B2 zone, if there are any parking requirements.  General bulk requirements were reviewed.  Building height is limited to 65'.   No structural changes to the buildings are proposed.  The changes are invisible.  Lot 2 (with `d' variance associated) will continue to have nonconformities.  Lot area will be reduced from 42,673 to 36,824 square feet, mainly due to the separation of the warehouse to the theater property from the residential property.  Three parking spaces will be lost to this lot. The density becomes more intensive with the reduction in the lot size.  The property will only have residential use.  This will not affect any buffering.  There will be more than ample lot area remaining for the residential uses. The new lots, with easements written into the deed, will have unimpeded access to the parking area.  Proposed lot 2.01 and 2.02 will have access.  Mr. Rodgers asked if an easement is planned.  Mr. Sasso explained that it is to be left as is.   In the context of the `d' variance, the use of the theater building by the Cultural Arts Commission (a non-profit organization) is inherently beneficial and was compared to medical facilities and churches.   Mr. Fiske listed special reasons associated with the subdivision:   Encouraging development of all lands in a way to promote public good Contribute to well-being and preservation of he environment Encourage efficient use of public funds. Provides sufficient space for a variety of beneficial uses. Efficient use of the land. Promote utilization of energy resources (not tearing anything down) Negative Criteria:  Residential uses are not permitted, and that is not being expanded but rather diminished.  No substantial detriment to the public good (invisible paper change to property line).  Benefits, in his opinion, outweigh any detriment. Lot 10.02 would encompass a retail office building and the Morecraft 2-story building.  The existing variance in the property line would remain, but the rear overlap would  be eliminated.  The Morecraft Building would have a new rear yard variance of 5.5 feet.  That variance is internal to the project.  Lot 10.01 would be reduced to 23,652 square feet and encompass the theater and warehouse.  A new side yard variance on the northerly side of the theater building would be one foot instead of zero feet.  A new rear yard variance for the warehouse (east side) would be 0.85 feet. To clarify, the `d' variance is the residential property and intensification of the use.  Mr. Sasso asked Mr. Fiske to go through the easements.  Mr. Fiske explained that the applicant asked him to investigate access from the parking lot to the rear entrance for maintenance and utilities, etc.  These agreements will be worked out with the owners and included in the deed.  Mr. Sasso reported that an agreement has been reached with the owner. Mr. Rodgers asked if the applicant is volunteering to obtain these easements and submit them to the board.  Any approval will be subject to these conditions.  The subdivision and the deeds submitted for review are from Bound Brook Investors to Bound Brook Investors, but they are in complete agreement with the ease-ments.  Mr. Sabatino asked if it would be appropriate for the board to make approval contingent upon the successful consummation of the deal.  Easements would be filed with the plan.  Mr. Sasso suggested wording “subject to Borough Engineer's approval” for the signing of the deeds.  The easement will be a standard one.   Mr. Petracca will testify as to agreement on the easements.  Mrs. Doyle anticipated a blanket easement.  Mr. Shive suggested that this is one of many issues and suggested that the applicant be allowed to proceed with the presentation before such questions are addressed. Mr. Sasso introduced Mr. Charles Gifford, who was sworn in, and explained his credentials as a licensed architect in New Jersey and New York.  His organization specializes in theater restoration and historic renovations.  Mr. Sasso asked him to explain the proposed plans with respect to changes to the building. Mr. Gifford said he wished he knew as much about the inside as Mr. Fiske did about the outside.  They have worked with many arts groups and found that the theater is not in such bad shape.  Changes on the outside will not be dramatic, but the inside will accentuate patron comfort and technical capacity.  Their challenge is to balance those things.  The capacity is approximately 950 now, and the theater seating will be reduced to 450 for a more intimate performing space.  Electrical improvements will be made, with use of the warehouse building for rehearsal space.   Mr. Sasso introduced Jerry Appel, who was sworn in as Executive Director of the Brook Theater since 1997.  He explained the history - the theater was a 1927 vaudeville house.  The mission is to allow it to be the place in Bound Brook to grow the arts.  They were approached by the American Repertory Ballet, who plan a fund raiser there.    In relation to parking Mr. Appel presented a memo regarding this situation.  Various theaters were approached in New Jersey with the same dilemma, and the memo explains options that worked for them.  They would like to open in 2005.  The lease of the adjacent lot is an option, as well as valet parking in a half-mile radius.  Metered parking provides 145 spaces, including all lots and street meters.  About 150 spaces exist within a quarter-mile radius.  Shared use of the municipal lot would provide 230 spaces.  Billian Legion's parking lot is only two blocks east.  There is a proposed parking deck in the redevelopment plan.  Mr. Fazen suggested that the Pillar of Fire also has a large lot. Mr. Joe Petracca was sworn in and explained he is vice president, treasurer and secretary of Bound Brook Investors, owner of the two lots  He concurred with Mr. Fiske on the ages of the buildings.  The residential buildings are 75-100 years old.  The theater dates to 1927 and the Morecraft Building was erected in 1937.  The newest of the buildings is from approximately 1940.  The uses have been continuous since these dates. The rental units are offered to the general public for rent (3 bedrooms each).  Each apartment is allowed one parking space, for a total of 8 designated to these renters.  There are metered parking spaces on East Street near the front doors.  If the use remains as it is, residential housing is provided to residents. With regard to easements, Mr. Petracca explained that they are currently existing.  If the electrical service is upgraded, it would be installed overhead to avoid destroying new sidewalks.  There are already wires overhead in that area.  Ingress and egress from the parking lot will be included. No changes in use are proposed.  Mr. Petracca's office is in the area.  There is a proposal to install a loading dock when renovations are in progress.  Additional property was donated to provide unfettered access. Mr. Sabatino asked, if the board grants the subdivision and the deal falls through, since the subdivision goes with the land and is forever, the owner could take down the theater and build whatever he wants.  Mr. Petracca said he can do that now.  It is 15,000 square feet that he can't rent now.  He believes this is the only way it can be restored.  Mr. Sabatino would like to tie the subdivision to the purchase of the land.  Mr. Fazen explained that there will be three lots instead of two, even if the deal falls through; Mr. Krauser said it would not matter.  The owners will not change as a result of any subdivision granted this evening. Mr. Sasso explained that the variances are extremely minor.  From a practical standpoint, they need the board's help.  Mr. Rodgers asked if there would be any objection to making the approval subject to the sale.  Mr. Krauser felt the subdivision was immaterial. Mr. Shive asked, with regard to the easements, if the alleyway between the Morecraft Building and the theater will be covered specifically.  Mr. Petracca assured the board that they do not want to hinder access in any way.  There are five steps up to get out of the building, but Mr. Petracca pointed out there are six exits.  Mr. Shive noted that snow has to be removed from the exits. Mr. Krauser asked if blanket easements will be provided over common areas of the lots.  They will be clearly spelled out, according to Mr. Petracca.  As to fire access, the two story building has a chain link fence that Mr. Petracca said could be cut if necessary.   Removal of the fence has potential for serious traffic problems. Mrs. Doyle said most of her questions have been addressed.  She asked Mr. Fiske why three spaces were included in the lot.  Mr. Fiske explained that it provides a corridor connecting the two buildings.  She asked if the line was along the party wall - it is. As to special reasons, Mrs. Doyle asked for discussion of encouraging appropriate and efficient use of public funds. Mr. Gifford explained that a special loan has been obtained ($600,000) at a low interest rate from the EDA as well as a grant of $200,000 from the county.  The additional 2.4 million dollars will go to reconstruction.  Mrs. Doyle asked if it promotes the preservation of a historic site.  Mr. Fazen felt it was meaningful, though Mr. Fiske said it is not listed as an historic site.  Mr. Fazen said it is eligible for the national registry, though it has not been listed.  Mr. Fiske feels it does have historical significance.  The project would preserve this structure. Theater refuse would be deposited in the alleyway on the southerly side of the property, and the property owned would be sufficient for this purpose.  Mrs. Doyle suggested no further hindrance to fire/rescue vehicles (which is a site plan issue). Mr. Fazen expressed his opinion that the special reason regarding historic sites is very important to him.  If the borough council approves an ordinance, it might be preserved properly.  He feels the variance should be granted, but the easements should be subject to board approval.  Mr. Shive agreed, but he understands the applicant's problem and suggested that the board delegate that approval to the chairman, who is more available than some of the other members. Motion presented by Mr. Krauser, seconded by Mr. Sabatino, to grant the subdivision and variances subject to the board's approval of the easements as represented by Mr. Fazen. The application for a subdivision as shown on the plans is approved, incidental bulk variances are approved, and appropriate easements are to be worked up, incorporated and approved by the engineer and board chairman.  Site plan approval will be required at some future time before the property is fully utilized, whether changes are made or not.  Mrs. Doyle pointed out that it is a theater today and no site plan is necessary to continue the use.  Mr. Rodgers said  a use variance requires site plan approval. The public applauded the presentation and asked the board to vote yes. Mr. Shive will support the motion as enhancing the redevelopment of the borough.  Mr. Fasanello feels the theater needs to be preserved due to historic significance and that it is a core ingredient to the revitalization of Bound Brook.  He feels the lines being drawn are an improvement.  Mr. Sabatino voted yes and noted it was a long time coming.  Mr. Krauser voted yes, and Mr. Gaglia voted yes and wishes them great success.  The motion was passed unanimously.   Mr. Fazen indicated he is looking forward to the site plan and the historic preservation of this grant old building.  The audience applauded and cheered the board's decision. TRANSIT VILLAGE 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. Motion presented by Mr. Krauser, seconded by Mr. Shive and carried unanimously to approve the above resolution. We still have an obligation to do a full master plan.  Re-examination has to be done every 6 years.  These two must be acted upon. ADJOURNMENT Motion presented by Mr. Krauser, seconded by Mr. Sabatino, to adjourn the meeting at  9:55 p.m.                                    Respectfully submitted,                                    Barbara A. Malone                                    Recording Secretary