BOROUGH OF BOUND BROOK PLANNING BOARD JULY 24, 2003 CALL TO ORDER The meeting was called to order by Vice Chairman Keith Krauser at 7:35 p.m. at Council Chambers, 230 Hamilton Street. ROLL CALL Present were:  Mr. Ryan, Mr. Dietrich, Mr. Thompson, Mr. Gaglia, Mr. Sabatino, Mr. Shive, Mr. Krauser, and Mr. Fasanello. Also present were the following staff members:  Mrs. Malone, Recording Secretary; Mrs. Doyle, Planner; 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 Mr. Gaglia and seconded by Mr. Shive to approve the minutes of the July 24, 2003 Regular Meeting.  Unanimous. A motion was presented by Mr. Sabatino and seconded by Mr. Gaglia to approve the minutes of the August 7, 2003 Special Meeting.  Passed 7-0-1 (Mr. Fasanello abstained). ANNOUNCEMENTS Mr. Krauser explained that there is only one item on tonight's agenda:  application #03-03, Bacchus Wine School on Church Street. OPEN TO PUBLIC George Anderson, chairman of the Brook Arts Center, stated that the subdivision application had been approved.  One of the conditions of the resolution was that the board chairman and board attorney sign off on the easements.  Mr. Fazen is leaving today and will be on vacation until August 26, and they would request an alternate signature.   Motion by Mr. Shive, seconded by Mr. Thompson, to appoint the acting chairman, Keith Krauser, to sign the deeds.  Unanimous. PUBLIC HEARING #03-03, Bacchus Wine School, Church Street Mr. Soriano appeared on behalf of Mr. Neary and pointed out that the name has been changed to Wine Makers of Somerset, LLC.   He introduced Mr. Neary and Mr. DeLorenzo, his partner, as witnesses. Mr. Krauser pointed out that a use variance and some bulk variances (existing) are being requested.  Proof of mailing of notices was presented at the meeting and verified to the board's satisfaction.  The signed affidavit was submitted as proof that the notices were mailed. Mr. Soriano continued explanation that the subject property is at 12 Church Street, in the B2 zone.  The proposal is to utilize the first floor area, approximately 4,738 square feet, for a wine making school.  That use is not specifically permitted anywhere in Bound Brook.  A revised site plan was submitted.  Mrs. Doyle and Mr. Cilo reviewed the revisions in their July 29 letter.  The 14 comments were addressed.   Mr. Neary was sworn in to give testimony about the school.  He identified himself as a principal of Somerset Wine Makers.  People from the area will be able to use California grapes (available end of September through October) and crush them, squeeze them, and pump them into their own barrel.  In ten months the wine will be bottled.  Students will attend 3-4 times during the process. Hours of operation will be afternoon (2:30 until 8:00), and all activity will be inside the building.  A typical group would include friends and family for a half hour session.  The first de-stemming process would start in the afternoon or when people are available, possibly including Saturdays and Sundays.  There will be a maximum of four employees.  The grapes will be brought as ordered, not stored more than a day.  Photographs (album) were provided of the Livingston school in operation.  A series of photographs, A2 through A7, were also provided of the building. Included were photos showing the building, the parking lot, the patio area, and a view looking toward Main Street from Church Street.  Frascella Electric had used the building as a warehouse.  The site plan, prepared by Roland Diaz and dated July 11, 2003, generally depicts the site as Mr. Neary would like to develop it.  Revisions were done in response to the recommendations of John Cilo & Company, and the revised plans will be filed as soon as possible.   Mr. Rodgers said the board needs a specific set of plans to approve, and he suggested that the original plans be used with deviations explained.  The inlets on John Street had been added.   During the year, a staff member will be testing the wine levels to monitor quality, but students will only be on site during September and October, then to bottle in July or August next year.   Mr. Soriano pointed out that the building exists, and it is fairly large in size.  It has not been used in recent history.  The applicant proposes an extremely low intensity use that is not expressly permitted anywhere in town. Mr. Neary described the site plan.  The footprint will not be changed, nor will any nostalgic features be changed.  Cinder blocks have been covered to match the brick.  He would like to install a white decorative vinyl fence on two sides at a 7' height.  The fence will hide oil tanks on an adjacent property.  A patio area will also be installed of imitation masonry style bluestone inlaid in concrete (area shown in photo A4).  Mr. Krauser suggested turning the 7' fence down toward the edge, at the discretion of the engineer and planner.  Mr. Shive suggested there is at least ten feet from the curb line, and it should not be a problem.  Mr. Neary will agree for safety purposes. With regard to landscaping, Belgian block curbing will hold the landscaping in.  Mums will be planted, as well as honey locust trees as used elsewhere in Bound Brook.  The parking lot will be paved and striped (it is stone now). Exhibit A11 shows graffiti which prompted installation of the fence behind the chain link fencing.   In reference to Mrs. Doyle's July 29 letter, Mr. Neary agreed to modify his plans to concur with suggestion #1.  With respect to #2, solid waste disposal , the waste from the grapes will be removed nightly to his property.  Trees will be planted between the fence and the curb.  Comment #5 addresses the patio.  A light pole exists,  and for safety reasons he will brighten it if necessary.  Comment #8 was addressed by the photographs provided by the applicant.  The flood elevation is shown on the plan (33.04).  Comment #10 relates to bonding.  If the application is approved, the applicant hopes to start right away.  He hopes to avoid bonding and wants a nice presentation.  Comment #13 caused the revision to the plans (storm drain locations).  Items 11-14 asked for changes to the plans, and Mr. Cilo will confirm the changes (an engineering issue). Mr. Krauser asked Mrs. Doyle if all the items have been addressed.  She noted the applicant accurately represented most of them.  There is a 2' elevation in relation to #9.  Other concerns include the fact that this is in the redevelopment overlay area.  The applicant has one difficulty, and she asked Mr. Sabatino for recommendations about the cinderblock windows that were painted so they are no longer windows.  The potential liability problem when the building is unoccupied prompted this.  In a redevelopment area, though, we don't want it to look abandoned.  Attractive signage would ameliorate this problem, as well as possibly grillwork over the windows.   Another issue Mrs. Doyle questioned is that Mr. Neary intends to work on Sundays if necessary (he would prefer not to).  Mr. Krauser expressed his personal opinion that the hours are market driven, and several businesses are open on Sunday.  It would not be open later than 5:00 on Sunday.  Mr. Shive does not feel it would be a hindrance to the adjacent residential area. A cinderblock building across the alleyway might be used in the future as a storage building for barrels of wine.  A variance would be required at the time.  Mrs. Doyle noted that the board is trying to market Bound Brook and asked if labels would say “Bound Brook.”  Mr. Neary said yes, the Wine Room of Bound Brook would be on the labels.  Mr. Neary said there is a web site called NJWinemakers.com that will list the Bound Brook site.  Mr. Neary neatened up the property, but the alleyway is the problem.  He picks up garbage regularly. Mrs. Doyle said the state has required pedestrian lighting levels.  When families come in, they are going in and out and need sufficient light not to trip and fall and to see if anyone is around.  There is a streetlight on the alleyway.  Mrs. Doyle would like to do an illumination test to meet NJ bicycle and pedestrian standards. Mr. Sabatino asked about trees and asked what Mr. Neary would like to do.  He would like to have a potted fruit tree on the patio to lend ambiance.  Mr. Shive said that would be considered furniture and would be no problem.  Mr. Neary thinks the locust trees are ugly and would prefer a flowering fruit tree.  The advantage of the locust tree is the scale, Mrs. Doyle pointed out.  They do not overwhelm the area.  Mr. Sabatino said he would have to clean up the leaves if he uses a different type.  Most trees need to be kept trimmed.  Mrs. Doyle will work with Mr. Neary on possible types of trees.  The Shade Tree Commission would have to agree. The meeting was opened to the public.  Jean Papa, 14 John Street, lives directly behind the building.  She asked about deliveries and hours of operation.  She wondered when construction would be finished.  They wake her every morning, and Mr. Neary apologized and assured her that in the future it will not start before 8 a.m.  She also wondered if any of their equipment would be dangerous; Mr. Neary assured her that it is not.  She was concerned about a past fire.  Construction would start as soon as possible.  She also asked about seasons, and was assured that the window is very short and cannot be expanded. Linda Brnicevic, 20 Talmage Avenue, welcomed Mr. Neary to the neighborhood.  She feels this is what redevelopment should be all about.  She also thinks locust trees are ugly.  She hopes the borough will come up with a solution to the graffiti.   Tasting parties are advertised  locally to draw students from other areas.  Mr. Neary wants to encourage people.  The average cost per  bottle is $8 to $8.50 if someone makes a barrel.  A barrel can be split up, but the wine has to be made in full barrels. Ms. Gutierrez, 20 Church Street, asked if the tree between their property and 18 Church Street will be cut down.  Mr. Neary said the tree is on his roof and he did plan to talk to them about removing it. Mr. Ryan asked about the alley.  Mr. Neary filled in holes in the alley himself.  Ms. Gutierrez noted that garbage is a problem where people cut through.  Mr. Shive said the alley problem will not be solved tonight but needs to be addressed by the borough.   Mrs. Papa thought an alley could not be closed after being open for so many years.  There is a process that can be used to close it. Mrs. Doyle addressed the use.  It certainly is within the intent of the redevelopment area to start initiating this type of activity.  If this is successful, the lower floor will have a wine making facility.  If it is successful, the second floor might someday house a restaurant.  The theme for this location is adaptive reuse of existing structures.  Where it is not isolated it encourages other users to improve their buildings and to set up businesses that launch and support other activities.  Getting the name of Bound Brook in front of people is a farther reaching benefit. Mr. Fasanello asked about the second floor.  Mr. Neary has been approached several times, but it has been abandoned for a long time and would require a lot of work.  He has that in mind with the parking lot design.  Mr. Fasanello also wanted to know about access to the patio; he asked if there would be a door.  There would be no access from the inside of the building.  Rhode Island style benches may be installed.  Mr. Fasanello noted that from the entrance there is a straight shot into the patio.  He wondered if some kind of blockage could be installed.  Mr. Neary has two plum trees (In barrels) and a grape arbor to be installed adjacent to the patio.  Mr. Neary wants the look to be classy. Mr. Fasanello also asked about the fence.  A white fence next to a cyclone fence might look like a prison.  He suggested a series of hedges and shrubs in front of the fencing to help block graffiti.  Mr. Neary is concerned about garbage in bushes.  Mr. Fasanello said that to deter graffiti it has to be removed immediately.  Mrs. Doyle said this subject has been discussed.  Removal of the cyclone fence will result in damage to the new fence.  The chain link fence can be painted white.   Mr. Shive concurred with Mrs. Doyle's and Ms  Brnicevic's positive comments.  He feels the use is unusual and is probably not allowed because no one thought of it.  He thinks it is an enhancement to the neighborhood.  He hopes during the redevelopment process that the whole area will be enhanced. For the record, he asked about noise.  All activity, Mr. Soriano explained, is inside except for possibly students on the patio.  There is no equipment to make noise except for the forklift's backup alarm inside the building.  None of the equipment has a 10 hp motor.  Mr. Shive asked about odor.  Grape refuse will be removed daily due to bees.  There would be no other significant odor, and waste is biodegradable.  Mrs. Doyle said fermentation creates an odor; Mr. Neary said it will be inside the building.  Mr. Shive characterized it as a light odor, and certainly not obnoxious. The dumpster is tucked in the corner; Mr. Shive wondered about access.  Mr. Neary plans to remove waste daily.  Sixty to eighty boxes of grapes, pressed down, will produce two wheelbarrows full.  The boxes are usually taken home by customers, and a dumpster can be installed if necessary.  Mr. Shive feels access to the dumpster should be from the parking lot side.  An area was left open for the possibility. Mr. Shive pointed out that the site plan does not indicate the entrance to the building.  Mr. Neary said it is on the Main Street side.  Signs have been discussed, but this issue has not been decided yet.  The light pole on the corner is existing; Mr. Shive suggested planting ivy on it.  He also advised looking at that in the future with an eye to security and visual enhancement. Mr. Soriano summed up that it is a beautiful old building that will be a benefit to the community.  He reiterated that is a low intensity use and is Mr. Neary's first baby step to the future. Mr. Gaglia made a motion to approve, seconded by Mr. Shive.  Mr. Krauser felt it was a good fit for the area and might encourage more development.  Mr. Gaglia thought it would give taxpayers a break also.   Mr. Rodgers reviewed the conditions.  Site plan, use variance, and bulk variances to be approved subject to these conditions: Fence - presumably requires a variance because it is on the property line.  It will be approximately 7 feet..  Height will be reduced toward the terminus point. Issues 11-14 from Cilo comment letter are subject to Mr. Cilo's approval.   Signage - a decorative sign could be an enhancement.  Mrs. Doyle feels it is very important that the building appear to be active.  A logo has been chosen, and a cedar sign is being considered.  A quaint sign modeled after George's Station is being considered.  The Redevelopment Design Review Committee will have an opportunity to comment on the proposed sign. Window treatment on bricked-up windows (grillwork or flower boxes).  The board does not desire to dictate. Lighting - must comply with state levels.  Mrs. Doyle will test. Trees - applicant may submit other trees and planner is authorized to approve. Blocking cars from patio.  This was a suggestion, but the applicant will install something that will stop a car. Dumpster access - from the parking lot.  Applicant agrees. Building entrance to be on plans Street trees to be shown on plan 50' on center on John and Church Streets as shown in Master Plan. No vehicles to remain overnight (finding of fact). Roll call vote; unanimous.  (Mr. Ryan and Mr. Thompson did not vote) COMMUNICATIONS None ADJOURNMENT Motion presented by Mr. Fasanello, seconded by Mr. Gaglia, to adjourn the meeting at 9:55 p.m.  Unanimous.                                    Respectfully submitted,                                    Barbara A. Malone                                    Recording Secretary