MINUTES OF LAND USE BOARD MEETING
January 12, 2009
Mayor Burzichelli
swore in the following members for new terms: Allen Gray, Rita Kelly and Phil Zimm.
The Reorganization meeting of the Land
Use Board of the Borough of Paulsboro was called to order by the Solicitor,
John Alice, on January 12, 2009 at approximately 7:00 p.m.
Open Public Meetings Act was read by
John Alice, Esquire, Solicitor.
The Board saluted the flag with the
Pledge of Allegiance
Roll Call: Members Present: John Burzichelli,
Robert DeAngelo, Allen Gray, Larry Haynes, Rita
Kelly, Leon Manchester, Inez Nelson, James Scott, Alice Williams, Wayne Wurtz, Phil Zimm.
Absent: James Salvatore, James Sharper
Also present: John Alice, Solicitor; Melanie Adamson, PE,
Board’s Engineer; and Marc Kamp, Zoning Officer.
Nominations were accepted for Chairman
of the Board. James Scott nominated
Wayne Wurtz for Chairman, seconded by Leon Manchester
– Roll Call Vote: In Favor – J. Burzichelli, R. DeAngelo, A. Gray, L. Haynes, R. Kelly, L. Manchester, I.
Nelson, J. Scott, A. Williams, W. Wurtz, P. Zimm. Against – None –
Abstentions - None.
The meeting was turned over to the
Chairman to proceed and nominations were accepted for Vice-Chairman. James Scott nominated Leon Manchester for
Vice-Chairman, seconded by Rita Kelly. Roll Call Vote: In Favor – J. Burzichelli, R. DeAngelo, A.
Gray, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Scott, A. Williams, W. Wurtz, P. Zimm. Against – None –
Abstentions - None.
Nominations for Secretary were
accepted. James Scott nominated Alice
Williams, seconded by Inez Nelson. Roll Call Vote: In Favor – J. Burzichelli, R. DeAngelo, A.
Gray, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Scott, A. Williams, W. Wurtz, P. Zimm. Against – None –
Abstentions - None.
A motion was made by Leon Manchester,
seconded by James Scott to appoint John Alice, Esquire as Solicitor to the
Board. Roll Call Vote: In Favor – J. Burzichelli, R. DeAngelo, A.
Gray, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Scott, A. Williams, W. Wurtz, P. Zimm. Against – None –
Abstentions - None.
A motion was made by Leon Manchester,
seconded by James Scott to appoint Remington and Vernick
as Planner for the Board. Roll Call Vote: In Favor – J. Burzichelli,
R. DeAngelo, A. Gray, L. Haynes, R. Kelly, L.
Manchester, I. Nelson, J. Scott, A. Williams, W. Wurtz,
P. Zimm. Against – None – Abstentions - None.
A motion was made by Leon Manchester,
seconded by James Scott to appoint Remington and Vernick
as Engineer for the Board. Roll Call Vote: In Favor – J. Burzichelli,
R. DeAngelo, A. Gray, L. Haynes, R. Kelly, L.
Manchester, I. Nelson, J. Scott, A. Williams, W. Wurtz,
P. Zimm. Against – None – Abstentions - None.
A motion was made by Rita Kelly,
seconded by Leon Manchester to adopt the following meeting dates for the Land
Use Board: February 2, 2009; March 2, 2009, April 6, 2009, May 4, 2009 June 1,
2009, July 6, 2009, August 3, 2009, September 14, 2009, October 5, 2009,
November 9, 2009, December 7, 2009 and Reorganization for 2010 shall be January
11, 2010. Roll Call Vote: In Favor – J. Burzichelli,
R. DeAngelo, A. Gray, L. Haynes, R. Kelly, L.
Manchester, I. Nelson, J. Scott, A. Williams, W. Wurtz,
P. Zimm. Against – None – Abstentions - None.
A motion was made by Leon Manchester,
seconded by James Scott to name the Gloucester County Times and Courier Post as
the official Newspapers for the Board.
Roll Call Vote: In Favor – J. Burzichelli, R. DeAngelo, A. Gray, L. Haynes, R. Kelly, L. Manchester, I.
Nelson, J. Scott, A. Williams, W. Wurtz, P. Zimm. Against – None – Abstentions - None.
A motion was made by Leon Manchester,
seconded by Inez Nelson to open the meeting to the public. There being no one from the public wishing to
speak a motion was made by Leon Manchester, seconded by James Scott to close
the meeting to the public.
A letter was received from AmSpec requesting changes to the approval previously
granted to the applicant. James Ford,
President addressed the Board asking the approval be amended as follows:
1.
Replace bottom row of windows with shorter windows
2.
Stucco the bottom of the building.
3.
Instead of glass doors that there be a six panel door
4.
And in the future that they be permitted to close off one garage door.
He stated
that he would like the whole project to be done by June 1st. The windows will have commercial look and
will provide a copy of the proposed windows.
When questioned about the removal of the garage door he indicated that
one will stay.
A motion was made by Phil Zimm, seconded by James Scott to approve the request
provided that the applicant submit a letter with the changes clearly marked and
that all work be done by June 1, 2009. Roll Call Vote: In Favor – J. Burzichelii,
R. DeAngelo, A. Gray, L Haynes, R. Kelly, L.
Manchester, I. Nelson, J. Scott, A. Williams, W. Wurtz,
P.Zimm. Against – None –
Abstentions None.
Applicant, Mark Zimmerman was called, however, he was not present. A Motion was made by L. Manchester seconded
by James Scott, to move the matter to the end of the meeting in the event the
applicant arrives.
Voice
Vote: All Ayes, No nays – No
Abstentions.
A new application was submitted by NuStar (formerly Citgo Asphalt)
for a site plan to install a
William Horner, Esquire, represented the
applicant and asked that the applicant’s engineer, Thomas Shevlin,
Jr. be sworn in. Mr. Shevlin
identified himself as a Licensed Professional Engineer and a Professional
Planner, employed by UNI Engineering. He
indicated that they represent Nu Star as consulting engineers and the address
for UNI is
The applicant’s are requesting a minor
site plan to remove an existing building and install a modular office building to be used for
contractors on the site not employed by NuStar. They do have existing pre-owned Modular
buildings on the site. They plan to
bulldoze the old building and put in a Modular building.
As to parking there is room for 20
cars. It is a secure facility and not
everyone is allowed in the area.
As to lighting – there is existing
street lights – there is not much night time activity on the site thus there is
not a big need for lighting. The area is
fenced in and security patrols the area.
The existing lighting is only for people leaving.
The following items were submitted as
Exhibits:
NuStar 1 – set up plan
NuStar 2 – existing
conditions
NuStar 3 - floor plans
Mr. Shevlin
testified that the existing parking is sufficient and the existing lighting is
sufficient. Further he testified that
there is existing drainage for Stormwater run-off.
Melanie Adamson of Remington and Vernick reviewed her report. She indicated that the applicant was
requesting waivers however, she would like to see
plans with elevations and floor plans included. The plans should have a parking count and
the plans should be revised to show which driveway is to be eliminated. As to Asphalt or stone coverage
on parking area that is up to the Board.
The plans should also more clearly define the street lights and
lighting.
The applicant will comply with and
agrees to all other comments in the Engineer’s report.
There was a question from the Board as
to whether this fits the criteria of not allowing trailers on properties – is
this some sort of a permanent structure – is it taxable.
The applicant’s engineer stated that
once the modular building is on the foundation it is a permanent structure and
it becomes taxable. Also it must meet
the IBC standards. There will be
skirting around the foundation. The
Board is requesting an elevation drawing to see how the structure will look.
The Board is requesting that the plans
must depict how many parking spaces, and how many
employees – also, the Board will accept stone.
Further calculations for parking at an industrial site must be
provided. Also, must be handicap
accessible – and a ramp with handles.
A motion to open this portion of the
meeting to the public was made by Leon Manchester, seconded by Rita Kelly. There being no one from the public wishing to
speak on this matter, a motion was made by Leon Manchester, seconded by Inez
Nelson to close the meeting to the public.
A motion was made by Phil Zimm, seconded by Rita Kelly to continue the application to
the next meeting to allow the applicant to provide the requested items and
plans. The next meeting is scheduled for
February 2, 2009 and no additional notices are required to be sent by applicant
as an announcement was made at the meeting.
An application was submitted by FHG
Enterprises to construct a fast food restaurant (Checkers) at Interchange 18 of
Route 295 – Block 124,
a. Joseph Gaddis – President – FGH
Enterprises
b. Paul Cray – Engineer with Kernan Associates
c. Michele Young with Kernan
Associates
d. Robert Tiffany – FGH Project Manager
All were sworn in.
Joseph Gaddis testified that they wish
to construct a double drive through restaurant at the site. He testified that if approved this will be
the eighth one in
Photos of other Checkers in the area
were presented, specifically A-1, A-2, A-3, A-4 and A-5, all of which were from
the Glassboro Checkers. There is another
Checkers in Sicklerville. Both Glassboro
and Sicklerville are located in Shopping Centers. The Landscaping is as shown on the
photos.
When asked how the restaurant is stocked
the applicant testified that there are two vendors – MBM is the food supplier
and they deliver two times a week using a 24 foot truck and delivery would be
between 12:00 a.m. to 4:00 a.m. They
also have a bread delivery at approximately 8:00 a.m. four times a week.
Remington and Vernick
asked about the narrowing down of the both driveways – the applicant responded
that although the driveway does narrow down it does also flare out at the end.
The windows for the drive thru are flush
with the building – there is no bump out.
There are several points where there are
pedestrian walkways for customers to come into the vestibule. Most sales are generated through the main
drive up (60%). The secondary drive-up
generates approximately 20% and there approximately 20% of sales are walk-ups.
The applicant testified that the project
is totally funded and if approved construction can be completed within 120 days
maximum from the day they break ground.
Paul Cray testified that the proposed
construction is consistent with what was planned for the site and will generate
less traffic than was originally planned.
The following exhibits were presented:
A-7 Final Subdivision Map
A-8 Light Fixtures
Exhibit.
The applicant testified that
All trash pick
up and deliveries will be after hours.
Any buses will use the rear area for parking.
The letter from Remington and Vernick has been reviewed and the majority of the comments
will be addressed. The lot is less than
two acres. No relief is requested for
any Bulk Variances. The applicant agrees
to all comments in the Engineer’s letter.
The Trash Enclosure is constructed of
white decorative block with chain link gates with black slats. There is a side entry. The equipment (HVAC) on the roof is shielded
and not visible from the street.
As shown on A-6 the crosswalks will be
decorative brick and would like to be consistent with the proposed WaWa and Hotel. The
rear driveway will be two way and will work better for
deliveries and trash removal.
As to lighting, they propose to use
“dark sky friendly” which reduces light pollution and reduces energy.
As to signage – will be consistent with
the Redevelopment Plan for the Hotel and WaWa,
however, they may have to come back for the sign out by Route 295. They are asking for a waiver as to showing
the trees on the site.
Remington and Vernick
asked if of the five pedestrian walkways two could be eliminated and the
remaining marked with striping and culled out.
It would be more aesthetic.
Storm water run off would go to the
basin – which is maintained by the land owners.
The only road access would be on the
A motion was made by John Burzichelli, seconded by Rita Kelly to open the matter to
the public. There being no one from the public wishing to speak on this matter,
a motion was made by John Burzichelli, seconded by Rita
Kelly, to close
the matter to the public.
A motion was made by Phil Zimm, seconded by Rita Kelly, to approve the preliminary
and final site plan approval, contingent upon the sign at Route 295 to be
determined at a later date, the pedestrian crossings to be stripped, and other
comments as set forth in the Engineers letter.
Roll call Vote: In favor J. Burzichelli, R. DeAngelo, A. Gray, L. Haynes, R. Kelly, I. Nelson, J.
Scott, A. Williams, W. Wurtz and P. Zimm. Against – 0 –
Abstentions –L.
As to the application for Broad Street
Development – Subdivision (Block 102 – Lot 2) and Site Plan – Block 93,
Philipp Duvilla,
Esquire, represented the applicant. As to the subdivision – it is a minor
subdivision with the lot next to the intersection of Wood and Spruce Streets. Broad Street Development is owner of the lot
next door. They wish to take 40 X 62
feet off the back of the lot and annex it into the corner lot owned by John Burzichelli. Waivers
are requested for items B and G on the Engineer’s letter. A title search will be provided to the Board
as well as a certification from the tax collector. No variances are requested. As to item two from the Engineers letter
dealing with utilities, water and sewer is accessed from
The Board asked as to the use for lot
two – it has a duplex with off street parking – there are no plans to change
that.
The applicant will make an application
for curb cuts for access from
A motion was made by Rita Kelly,
seconded by Leon Manchester to open the meeting to the public. There being no questions or comments from the
public dealing with this matter, a motion was made by Leon Manchester, seconded
by James Scott to close this portion of the meeting to the public.
A
motion was made by Leon
Manchester, seconded by Rita Kelly to approve the subdivision of Lot 1 –
reducing the size of
As
to the application for the site plan by Broad Street Development, Block 93,
The
applicant proposes no new lighting and no outside storage. The proposed sign will be affixed to the side
of the building and will be in conformance with the Ordinance, as the Ordinance
allows 100 feet and the proposed sign will be 40 feet.
The
applicant will comply with all other comments contained in the Board Engineer’s
letter and comments on the record.
A
motion was made by James Scott, seconded by Leon Manchester to open this
portion of the meeting to the public.
There being no questions or comments from the public,
a motion was made by James Scott, seconded by Leon Manchester to close
the meeting to the public.
A
motion was made by Robert DeAngelo, seconded by Leon
Manchester, to approve the Site Plan as presented, waiving the submission
requirements and the applicants compliance with the comments of the Board’s
Engineer contained in the report as well as the comments placed on the record
at the meeting. Roll Call Vote: In Favor R. DeAngelo,
A. Gray, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Scott, A. Williams,
and W. Wurtz,
Against – None – Abstentions – P. Zimm.
The
application of Mark Zimmerman was again called.
Marc Kamp asked that it be continued for one more month on behalf of the
applicant. The solicitor agreed to send
a letter to Mr. Zimmerman advising him that the matter will be heard at the
next meeting, February 2, 2009 and if he is not able to attend he will have to
begin the process again.
The
following Resolutions were approved:
2009-01 –
APPOINT CHAIRMAN – WAYNE WURTZ
2009-02 –
APPOINT VICE CHAIRMAN –
2009-03 - APPOINT SECRETARY –
ALICE WILLIAMS
2009-04 –
APPOINT PLANNER – REMINGTON &VERNICK
2009-05 –
APPOINT ENGINEER – REMINGTON & VERNICK
2009-06 - APPOINT SOLICITOR –
JOHN ALICE
2009-07 –
MEETING DATES
2009-08 –
NEWSPAPERS -
2009-09 – STEPHEN J.
KOCINSKI –
Appeal of denial of Zoning Permit Application – Applicant to rebuild
a wood framed duplex on an existing foundation
– residence was
damaged in a fire in January of 2008 –
purchased by Applicant
in March of 2008. Duplex was set back from the front property
line by 11 feet – LUO requires 30 feet -
Section 80-29.D states
“Restoration.
A nonconforming building wholly or partially
destroyed by fire …. may
be reconstructed… provided that
building reconstruction be commenced within one
year from
date building destroyed….provided that
reconstructed building
comply with established front-yard or building
line requirements”
Application for front yard setback relief from required 30 feet
to 11
feet Denied. Hearing Date 12/1/08 –Memorialized 1-12-09 – Roll Call Vote In Favor: 10 – Against –
0 – Abstentions – 0-
2009-10 DANA
application
for interpretation – locating a group home in an
existing
residential dwelling located at the subject property – the
applicant
wishes to utilize the existing four bedroom dwelling as
a State
of
which
are members of one of the following – elderly, disabled
adults
or developmentally disabled. Pursuant to N.J.S.A.
40:55D-66.1 the applicant is
permitted to maintain and operate
a State
of
limitations
and subject to site plan approval. Hearing
Date:
12/1/08 – Granted –Memorialized
1-12-09 – Roll Call
Vote :
In Favor 10- Against 0 – Abstentions 0.
A motion was made by Leon Manchester,
seconded by James Scott to open the meeting to the Public. There being no one wishing to speak or
address the Board, a motion was made by James Scott, seconded by Leon
Manchester to close the meeting to the public.
The secretary advised the Board that
there are seminars being offered if anyone is interested. All members of the Board have completed the
required courses, however, there are updates for any
interested members.
There being no further business, a
motion was made by Leon Manchester seconded by James Scott to adjourn the
meeting. The meeting was adjourned at
approximately 9:50 p.m.
These minutes are an extract from the
meeting that was held on the above date and are not to be considered a verbatim
account or to be construed as an official transcript of the proceedings. The tape of the meeting is stored in the
Borough Hall.
Respectfully submitted,
Alice B. Williams,
Secretary Land Use Board