BOROUGH OF PAULSBORO

LAND USE BOARD MINUTES

January 7, 2008

The reorganization meeting of the Land Use Board of the Borough of Paulsboro was called to order by the Chairman, Wayne Wurtz, on January 7, 2008 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: Robert DeAngelo, Larry Haynes, Leon Manchester, Inez Nelson, James Sharper, James Scott, Alice Williams, Wayne Wurtz and Phil Zimm.

Absent: John Burzichelli, Allen Gray, Rita Kelly, and James Sharper

Nominations for Chairman were requested. Leon Manchester, nominated Wayne Wurtz for Chairman of the Board, seconded by James Scott. There being no other nominations, a motion was made by James Scott, seconded by Leon Manchester, to close the nominations. Roll call vote for the nomination of Wayne Wurtz as Chairman - Yes - Haynes, Manchester, Nelson, Scott, Sharper, Williams, Wurtz, Zimm and DeAngelo – No – none, Abstentions – none.

Nominations for Vice-Chairman were requested. James Scott nominated Leon Manchester for Vice-Chairman of the Board, seconded by Phil Zimm. There being no other nominations a motion was made by James Scott, seconded by James Sharper to close the nominations. Roll call vote for the nomination of Leon Manchester as Vice-Chairman: – Yes - Haynes, Manchester, Nelson, Scott, Sharper, Williams, Wurtz, Zimm and DeAngelo – No – none, Abstentions – none.

Nominations for Secretary were requested. James Scott nominated Alice Williams as Secretary of the Board, seconded by Leon Manchester. There being on other nominations a motion was made by James Scott, seconded by James Sharper to close the nominations. Roll call vote for the nomination of Alice Williams as Secretary: – Yes - Haynes, Manchester, Nelson, Scott, Sharper, Williams, Wurtz, Zimm and DeAngelo – No – none, Abstentions – none.

A motion was made by James Scott, seconded by Inez Nelson, to appoint Remington and Vernick, Melanie Adamson, as the Board’s Engineer. Voice vote – Yes – 9 – No – 0- Abstentions 0

A motion was made by Phil Zimm, seconded by James Scott, to appoint Remington and Vernick, George Stevenson, as the Board’s Planner. Voice vote – Yes – 9 – No – 0- Abstentions 0

A motion was made by Leon Manchester, seconded by James Scott, to appoint John Alice, Esquire, as the Board’s Solicitor. Voice vote – Yes – 9 – No – 0- Abstentions 0

A motion was made by Leon Manchester, seconded by James Scott, to accept the minutes from the meeting of December 3, 2007. Voice vote – all ayes.

An application was submitted by Paul/Del Investments, LLC for a site plan waiver for property known as 915 – 917 N. Delaware Street, Block 67, Lot 11. The applicants were advised that they had to be represented by Counsel, as they were a corporation. A motion was made by Leon Manchester, seconded by James Scott, to adjourn the application pending the applicant obtaining counsel for representation. Roll Call Vote: DeAngelo, yes; Haynes, yes; Manchester, yes; Nelson, yes; Scott, yes; Sharper, yes; Williams, yes; Wurtz, yes; Zimm, yes.

An application was submitted by Ercole Chila for a side yard variance for property located in the 400 block of Thomas Avenue. It was determined in reviewing the paperwork that the applicant failed to make proper notice, thus a motion was made by Leon Manchester, seconded by Inez Nelson to continue the matter for a month. Voice Vote: All ayes; no nayes; no abstentions.

An application was submitted by Patrick and Jessica Milburn for a minor subdivision with bulk variances for property known as Block 51, Lot 8, Billingsport and Clonmell Road. Joan Adams, Esquire, attorney for the applicants, presented the application. The applicants have two residences on the subject property, one a single-family dwelling and the other a duplex. The applicants would like to subdivide the property to have one use on each lot. Request was made for waivers with respect to contours, and utilities as there is no new construction proposed and no easements are requested. The Board’s Planner, Melanie Adamson, asked if there were separate connections for the utilities and if so, there would be no objection to the waivers.

Patrick Milburn, applicant, of 7 Mantua Road, Mt. Royal, New Jersey, was sworn in and testified.

1. Block 51, lot 8 has a single-family dwelling and a duplex on the property. The property is zoned R-2 – and it is a permitted use.

2. The lot is an irregular shaped lot.

3. The property contains 21,985.71 square feet and he wishes to divide it in half.

4. This is a pre-existing condition as the houses were built at least 50 years ago.

5. If granted the lots would be lots 8 and 8.01.

6. He indicated that he needs the subdivision for insurance purposes and if he wanted to sell the properties it would be easier for re-sale.

7. He does not plan to change the grading or topography.

8. The lot is similar to other lots in the area and lots 10-15 on Queen Street are smaller than the proposed lots.

9. The duplex has a left hand side dirt driveway and each building has it’s own water and sewer water hook-ups. The Board’s engineer asked that the plans be revised to show the driveway and water and sewer laterals.

The Board’s Engineer asked if they would file by deed or plat – the applicant indicated he would do either – Board prefers by deed.

The Board’s Engineer noted that the plans do not depict curbing and the applicant testified that there is curbing on both streets.

As to the driveways, the applicant agree to have hard surface driveways for both buildings with two parking spaces on new Lot 8 and one on proposed Lot 8.01.

A motion was made by Leon Manchester seconded by James Scott to open the meeting to the public. There being on one from the public wishing to speak with respect to this application, a motion was made by Leon Manchester, seconded by James Scott, to close the meeting to the public.

Ms. Adams addressed the Board indicating that as to the positive and negative criteria, the benefits of the proposed subdivision far outweigh the negative issues and would not be a detriment to the public good or the Master Plan. Therefore, the applicant requests that the subdivision with the waivers and variances be granted.

A motion was made by Phil Zimm, seconded by James Sharper to approve the proposed subdivision dividing the property into two separate lots, contingent upon the variances and waivers. Roll Call Vote: DeAngelo, yes; Haynes, yes; Manchester, yes; Nelson, yes; Scott, yes; Sharper, yes; Williams, yes; Wurtz, yes; Zimm, yes

The application of Renaissance Redevelopment LLC for property known as 446-448 Billingsport Road, Block 52.10, Lot 10, continued from the meeting of December 3, 2007, was heard.

Christopher Manganello, Esquire, attorney for the applicants asked that Ben Mento, Jerry Lovell, Engineer, be sworn in.

The Board’s Engineer’s letter was addressed by the applicant.

1. He is willing to have a bigger sewer line.

2. He asked that a waiver be granted for the outdoor recreation area.

3. Has no problem with the fencing going to the street.

4. Will eliminate four parking spaces and have a seepage pit for the run off. It was determined that the Engineers should get together and try and resolve the storm water issues.

5. Curbing and sidewalk should be installed – we are a walking school district and same is needed for the public safety.

6. Mr. Zimm addressed the issue of Black’s Terrace drainage as there is no drainage in the area and it must be done. It appears that Black’s Terrace is a flat road and once the curbing is done the water will have no place to go.

7. Mr. DeAngelo in reviewing the plans indicated that if the applicant reduces the number of parking spaces the Engineer would be able to give the appropriate calculations for the run off.

8. The applicant agrees to take four of the parking spaces and making the area stone, thus allowing storm water to “perc” on the property.

A motion was made by Leon Manchester, seconded by James Scott to open the meeting to the public. There being no from the public wishing to speak on this matter, a motion was made by Leon Manchester, seconded by James Scott to close the meeting to the public.

A motion was made by Phil Zimm, seconded by Leon Manchester to approve the application with variances for the parking area, no curbing on Black’s Terrace, three or four of the parking spaces be converted to stone for drainage with Mr. Lovell giving the calculations for the run-off on the street and a waiver for the recreation area requirement. Roll Call Vote: DeAngelo, yes; Haynes, yes; Manchester, yes; Nelson, yes; Scott, yes; Sharper, yes; Williams, yes; Wurtz, yes; Zimm, yes.

The application of Renaissance Redevelopment LLC for property known as 1028 Pennline Road, Block 56, Lot 11, continued from the meeting of December 3, 2007, was heard.

Christopher Manganello, Esquire, attorney for the applicants asked that Ben Mento, Jerry Lovell, Engineer, be sworn in.

There was discussion as to waivers – as there are similar issues to the applicant’s previous application for Billingsport Road.

1. The applicant is requesting that he be allowed to have parking within the front yard setback and the handicap parking area along Adams Street and two parking spaces along Penn Line. It was recommended that two parking spaces be eliminated.

2. Also there were questions as to the Sanitary Sewer system. The applicant requested a waiver for the outdoor recreation area and asked for passive open space. There are two large existing patios in the common area to be used by all three homeowners.

3. The parking lot is pitched as the rear of the lot and the grading shows it to Lot 10. It is a small amount, however, an easement is needed from the owner of Lot 10. If it is a larger area it was suggested that a seepage pit be installed.

A motion was made by Leon Manchester, seconded by James Scott to open the meeting to the public. There being no from the public wishing to speak on this matter, a motion was made by Leon Manchester, seconded by James Scott to close the meeting to the public.

A motion was made by Phil Zimm seconded by Leon Manchester, to approve the application with the appropriate waivers, the applicant eliminating two parking spaces and providing plans and calculations for a seepage pit to the Engineer for review. Roll Call Vote: DeAngelo, yes; Haynes, yes; Manchester, yes; Nelson, yes; Scott, yes; Sharper, yes; Williams, yes; Wurtz, yes; Zimm, yes.

An application for Moose Lodge – for property known as Block 115, Lot 8, also known as 402 Cook Avenue, continued from the meeting of December 3, 2007, was heard. Larry Haynes excused himself from the meeting, as he is a member of the lodge.

Dan Gooch, Secretary of the Lodge, addressed the Board. It was determined that the lot was not a buildable lot. The application had been continued to allow the applicant time to contact the adjacent landowners to see if they wished to buy the property or sell the Lodge additional land so as to make the lot a conforming lot. A letter was presented showing that the owner of the adjacent property Ralph Jones was not interested in selling his property nor purchasing that property. There is an existing house on Mr. Jones property.

He testified that Lot 8 has public water and sewer and there will be no utilities running over the property for the Lodge.

A motion was made by Leon Manchester, seconded by James Scott to open the hearing to the public.

Marc Kamp, Zoning Officer, spoke regarding the application.

There being no other members of the public wishing to speak on this matter, a motion was made by James Scott, seconded by Leon Manchester, to close this portion of the meeting to the public.

A motion was made by Phil Zimm, seconded by Leon Manchester to approve the application granting the side yard variance as duly advertised with the stipulation that Moose Lodge combine the remaining lots into one lot. Roll Call Vote: DeAngelo, yes; Manchester, yes; Nelson, yes; Scott, yes; Sharper, yes; Williams, yes; Wurtz, yes; Zimm, yes.

An application was submitted by Earl Everline for a bulk variance for property known as 416 Nassau Avenue – block 36, Lot 5.

John Domini, Esquire was representing the applicant. Earl Everline, Karl Everline and Mark Everline were sworn in.

The applicant testified that he had a buyer for the property and is under contract for same. When they went to sell the property the realtor realized it was not a buildable lot. Mr. Everline has lived in the house for 40 years. The existing house has the same dimensions as other houses on the street. The vacant lot next to the existing house is the subject property. Other empty lots in the area have had houses built on them sometime in 2002. A “For Sale” sign was put on the lot and at the time the applicant did not know it was unbuildable.

A motion was made by Leon Manchester, seconded by James Sharper to open the meeting to the public.

Theresa Croce of 420 Nassau Avenue and Peter Dempsey of 420 Nassau Avenue were sworn in. They testified that there was no sign on the vacant lot only in front of the house. They were interested in buying the lot for many years and had advised the owner of this. They were never asked about buying the lot prior to the “For Sale” sign being placed on the lot.

When asked if they were willing to buy the property at this time for $42,000.00, which is the amount the buyers are paying for the property, Ms. Croce indicated that she was not able to. She further testified that if a house is built on the lot, it will affect her quality of life.

Mr. Everline responded that other houses in the Borough have been built on smaller lots – also every house on Nassau Avenue was bought in good faith even though they were built on smaller houses. The lot size at the time the houses were built was smaller than it is at this time.

There being no other members of the public wishing to speak on this matter, a motion was made by Leon Manchester, seconded by James Scott to close the meeting to the public.

The applicant’s attorney addressed the Board and indicated that no adjoining landowner has the property to sell to the applicant to make this lot a conforming lot.

Kelly Everline, of 8 Princeton Avenue, Pennsville, daughter-in-law of the applicant was sworn in and stated that they had a letter from Keith Hogle, present owner of the house stating that he was supposed to purchase both the house and the vacant land, however, he was unable to purchase both at this time. The letter was marked into evidence as Everline 1.

A motion was made by Robert DeAngelo seconded by James Sharper to grant the variance for lot size.

A motion was made by Leon Manchester seconded by James Scott to open the meeting to the public. There being no one from the public wishing to speak a motion was made to close the meeting to the public.

As to new business, a schedule for the mandatory seminars will be distributed shortly. Leon Manchester, James Scott and Robert DeAngelo will be required to attend the seminar. The remainder of the members of the Board are in compliance.

As to old business, the Chairman asked if they were working on the parking lot for CamCare. It was determined that the attorney for CamCare was working on the title and would let us know.

There being no other business, a motion was made by James Scott, seconded by Leon Manchester to adjourn the meeting. The meeting was adjourned at 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