BOROUGH OF BOUND BROOK PLANNING BOARD OCTOBER 9, 2003 CALL TO ORDER The meeting was called to order by chairman Robert Fazen at 7:30 p.m. ROLL CALL Present were:  Mr. Dietrich, Mr. Sabatino, Mr. Fazen, Mr. Shive, Mr. Krauser, Mrs. Pournaras.  Mr. Thompson arrived at 8:20 p.m. Also present were:  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 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 Mr. Shive, seconded by Mr. Krauser, to approve the minutes of the September 25, 2003 meeting.  Approved unanimously. ANNOUNCEMENTS Resolution for 18 Hamilton Street (2 lots, not including Bound Brook Theater) Letter from Mr. Vastola, representing Mr. Scagliotta (West Main Street) and reply from Mr. Fazen indicating he would poll the board to see if they will reinstate the application rather than require a new application fee.  The board had permitted withdrawal without prejudice.  Re-noticing is required.  Mr. Shive felt the board should follow the rules, as they have been very accommodating in the past.  He suggested resubmitting. Mr. Sabatino agreed, indicating that the applicant has been given every opportunity. Motion presented by Mr. Krauser, seconded by Mr. Shive, to require re-submission of the application. Unanimous.  Mr. Fazen will inform Mr. Vastola. Valley National Bank:  Mayor Ryan had a call from Bob Smith.  A resolution was drawn up and a site plan has been submitted.  Mr. Smith wants the borough to review the site plan for issuance of a building permit.  Mr. Rodgers was surprised that Mr. Smith called the mayor instead of consulting with him.  He had a call from the developer regarding the status of the application, which has loose ends on all the applications that were submitted.  He also asked Mrs. Doyle for input.  Mr. Fazen will call and advise the client. AGENDA: Winemakers of Somerset was put on the agenda in error. Somerset County Cultural - Mr. Fazen had a call from Mr. Sasso regarding a letter from Mrs. Doyle outlining site plan deficiencies.   Three informal hearings, which are held for the applicants to seek guidance from the planning board (limited to 15 minutes each).  Mr. Fazen cautioned the applicants that a `d' variance (use variance) must not be discussed at an informal hearing.      403 East High Street (former Kissel Insurance Agency)      420 East Main Street (formerly Farmers' Market, Archie's)      JFC Technology (100 West Main), riverfront property OPEN TO PUBLIC (NON-AGENDA ITEMS): No comments at this time. PUBLIC HEARINGS (INFORMAL) 403 East High Street The owners introduced themselves.  Their short-term plans are to keep the building in the existing use (multi family apartments with agency).  They spoke with the zoning officer and informed him of their intentions.  The apartments need some rehabilitating, and they will use the office themselves.  The one change they would like to make is to add another apartment on the third floor, which used to contain bedrooms.  They will submit architectural plans. Mr. Fazen indicated the property is in an OB zone, and if more apartments are put in it would be an expansion, requiring a variance.  The owner noted the neighborhood is mixed. Mr. Rodgers pointed out that it is not zoned for four families, and the history will be pertinent.  The tax records indicate 4-family, and that may be helpful.  Mr. Rodgers cautioned that the fact that they are taxed on four apartments does not necessarily make it legal.  Mr. Shive suggested talking to Mr. Kissel, since it is up to the applicant to provide proof.  .   Mrs. Pournaras asked about parking for that property.  There is a back parking lot that is utilized by all the buildings, but it is no longer part of this parcel.  On site parking could be created behind the building to preserve the look.  They would like to put a driveway from Hamilton Street to the back of the building.   Long-term plans for commercial use include cooperation with the library.  A music school, antique shop, and others have been suggested.  Mr. Shive asked about the color of the building.  The owner brought photographs of sample colors.  The roof will remain red shingles, and they tried to match the color.  The board felt they chose the wrong green.  Mr. Fazen indicated that it is their choice as owners of the property.  They plan to do some detailing in the future.  Mr. Sabatino suggested they work with Photo Workshop to determine colors.  The resource for restoring historic property is the Secretary of the Interior Standards.  If the borough passes the ordinance that was recommended, everything that is a historic property will be carefully monitored. Mrs. Pournaras asked the applicants if they are new to town; they replied that they own two other properties (modest homes on Church Street and Fisher Avenue). 420 East Main Street (Farmers Market) Mr. Tran would like to open a nail salon and intends to submit an application for a site plan waiver.  The zoning officer had indicated a variance request, but it is actually a change of use. The board reviewed the plans.  Mr. Fazen suggested confirming with the zoning officer that it is an authorized use; he indicated they don't need a variance.  Mr. Fazen scheduled the hearing for October 23. 100 West Main Street The owners thanked the board for taking the time to hear their presentation on short notice.  A potential new tenant was also in attendance (Tri-State, Mr. Frisby).  He wants to put a 12x12 concrete pad in one of the storage areas for a storage silo for dry mix concrete used for pool building (they are a subcontractor for Sylvan Pools).  The applicants asked the board what level of approval they need and what the next steps are. The property is now vacant.  Mr. Shive suggested checking the flood elevation.  This property is uphill from the flood plain and the silo is proposed to be 39 feet high.  It is in the IP zone.  Mr. Fazen indicated a concern about the height; they said they had asked Mrs. Doyle and she said there is no limit.  Mr. Shive said the maximum is 35 feet.  It is ten feet in diameter.  Mr. Fazen pointed out that a height of 39 feet would require a variance.  If it complies totally with the ordinance, they would not have to apply to the planning board.  Since if is a change In use, they will have to present an application.  The silo is prefabricated, so there is no flexibility with the size. Mr. Shive suggested that the applicants look at a copy of the ordinance, and they were told that they must submit an application because of the change in use.  The bulk variance request could be approved by the board (<10% is a bulk variance, >10% is a `d' variance).  The zoning officer can answer these questions. Mr. Rodgers pointed out other restrictions such as hazardous substances and dust, and he suggested that they review the ordinance.  Mr. Shive asked if they have to be represented by an attorney; it is a limited partnership and as such probably does not require representation.  Mr. Fazen will double check on the height requirement.  Page 339 starts listing the requirements for this zone. FUTURE APPLICATION SCHEDULE October 23 - 420 E. Main Street RESOLUTIONS Application #09-03 Motion by Mrs. Pournaras, seconded by Mr. Sabatino, to approve the resolution. The address on the application is 18 Hamilton Street, which is actually the office of Bound Brook Investors.  The street address was removed; lot and block  will suffice to identify the property. On page 2, #2 under “Findings of Fact,” art gallery should be added after musical entertainment. The resolution will be retyped with slight changes and signed afterwards. Vote:  Unanimous. Mr. Sabatino asked about the status of the Master Plan.  The Planning Board has approved it with recommendations for the borough to adopt some of the ordinances.  Mr. Reina has copies, and no legal comments have been presented.  No new adult entertainment will be allowed in the town.  The council has not discussed or considered the Master Plan.  Mr. Fazen has asked Mr. Brodbeck about it.  The old ordinance is used until the new one is in place.  The new ordinance will allow 6-family houses in the Kissel property area, but the new ordinance has not been adopted.  Since the board has recommended it, they may have sympathy for such an application. The Historic Preservation Ordinance would have dictated to the owners what colors hey could use to paint the building. With regard to incomplete applications, we will go through them and dispose of them in some way at the next meeting.  Barbara will provide a list to everyone with the agenda. Mr. Thompson arrived at this time.  He was asked when the land use ordinance and the historic preservation ordinance will be discussed by the borough council.  He hopes it will be this month.  Mr. Fazen asked if there is anything he can do to expedite it; Mr. Thompson suggested talking to Mayor Ryan.  Mr. Fazen noted that the new land use ordinance is very necessary because the old one is so cumbersome. There is a meeting scheduled for Tuesday, and Mr. Thompson will bring the board's message to the council.  Mr. Reina has to review it legally, Mr. Fazen pointed out.  With regard to adult entertainment, the borough does not wish to allow any new sites. Mr. Shive asked about the dentist office on East High and Hamilton (Marmalejos).  Dr. Marmalejos called Mr. Fazen and asked what was expected; Mr. Shive said the sign is the wrong size and in the wrong place.  The zoning officer is well aware of it.  Mr. Fazen complimented the zoning officer on some of his accomplishments. Mrs. Pournaras asked abut the Kissel property, which is being chopped up (8 lots) and sold individually.  She wonders where people will park.  They use the lot adjacent to borough hall.  If the lots are sold individually, where will people park?  Mr. Rodgers said if the lots were created by subdivision it would be spelled out.  If not, a subdivision might be required now.  The houses were built in the 1920's, and there was no subdivision law in the 20's.  Mr. Kissel owned all 8 lots.  He built houses on some of the lots and rented them.  One is condemned.  Each lot (except the mansion) is zoned OB and authorized to be a single family house, which need not provide anything other than single family home requirements.  Mr. Fazen is not sure what the parking requirement is in the zone, but there is room on the lots to put driveways. East Street will become a county road, and the county could eliminate parking on that road.   The last application was denied in part because parking was inadequate. ADJOURNMENT      Motion presented by Mrs. Pournaras, seconded by Dietrich, to adjourn the meeting at 8:35 p.m.  Unanimous.                                    Respectfully submitted,                                    Barbara Malone                                    Recording Secretary