MINUTES OF LAND USE BOARD MEETING

October 6, 2008

A regular meeting of the Land Use Board of the Borough of Paulsboro was called to order by the Vice-Chairman, Leon Manchester, on October 6, 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: John Burzichelli, Robert DeAngelo, Larry Haynes, Rita Kelly, Leon Manchester, Inez Nelson, James Salvatore, Alice Williams and Phil Zimm.

Absent: Allen Gray, James Scott, James Sharper and Wayne Wurtz.

Also present: John Alice, Solicitor; Charles Chellotti, PE, Board’s Engineer; and Marc Kamp, Zoning Officer.

The Solicitor indicated that the application for 228 Vanemann Boulevard will be continued to the next meeting, November 3, 2008, at the request of the applicant. A motion was made by Rita Kelly, seconded by Inez Nelson, to grant the postponement. An announcement was made at the meeting, thus no new notice will be required.

A motion was made by Rita Kelly, seconded by Inez Nelson to accept the minutes from the meeting of August 4, 2008. Voice Vote: All Ayes.

The fence permit application of Mark Zimmerman for 533 Billings Avenue was called. The applicant was not present, thus, the solicitor indicated that we would call it later in the meeting.

A fence permit application was submitted by Michael Sawyer, owner of property located at 116-118 West Monroe Street. The applicant was sworn in and gave his address as 1 Skelly Lane, Sewell, New Jersey 08080. He indicated that he purchased the property and rents the duplex out. One of the tenants was burglarized and the point of entry was through the basement window. The applicant wishes to fence in the property bringing the fence up to the front property to incorporate the basement windows. He plans to have a six foot wooden fence. He indicated that there is an existing fence along the back of the property which is the neighbors’ fence. His reason for the request is for security and to provide a safe haven for the tenants. He plans to keep the chain link fence existing on the side.

A motion was made by John Burzichelli, seconded by Bob DeAngelo to open the meeting to the public. There being no questions or comments from the public with respect to this application, a motion was made by John Burzichelli, seconded by Bob DeAngelo to close this portion of the meeting to the public.

Members of the Board expressed concern as to off street parking on the property and having the fence too far along on the side eliminating some of the off street parking on the property.

A motion was made by Phil Zimm, seconded by Rita Kelly to allow the six foot fence at the subject property per the compromise suggested by the Board, which is one half of the distance from the neighbors existing fence to the front of the building. Roll Call Vote: In Favor J. Burzichelli, B. DeAngelo, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Salvatore, A. Williams and P. Zimm. Against: None – Abstentions: None.

An application was submitted by Lisa Shaw for a fence permit for property known as 334 West Broad Street. The applicant wishes to fence in her side and front yard. She wants the fence to be six feet high instead of four feet. The reason for this request is that she has a disabled child and she wants to fence the yard past the driveway.

A motion was made by Rita Kelly, seconded by James Salvatore to open this portion of the meeting to the public. There being no one from the public wishing to speak a motion was made by Rita Kelly, seconded by Bob DeAngelo to close the meeting to the public.

After discussion by the Board, a motion was made by Rita Kelly, seconded by Phil Zimm to deny the requested relief to have the fence to the front yard. The Board was advised that if they voted in the affirmative it was considered a vote to deny the application. Roll Call Vote: In Favor: J. Burzichelli, R. DeAngelo, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Salvatore, A. Williams and P. Zimm. Against: None – Abstentions: None. Having received nine affirmative votes, the request is deemed denied.

An application was submitted by New Cingular Wireles P.C.S. n/k/a A. T. and T. for property located at Elizabeth and Summit Avenues to add three additional antenna on the tower and to “swap out” four of the existing antenna on the subject property. The Board indicated as this was on the Borough’s Water Tower and it was dealing with the water system, a report was requested from the Borough’s Water and Sewer Engineer, Sickels Engineering. The applicant requested that the application proceed and any relief granted would be subject to any comments and requests made by the Board’s Water and Sewer Engineer.

Sworn in on behalf of the applicant were:

A. Andrew Erbau, Civil Engineer,

B. Bob Toms, Engineer.

Exhibit presented:

A-1 Existing Coverage

A-2 Coverage with proposed additional antenna and upgrades

Mr. Erbau presented his credentials and he was determined to be an expert by the Board and able to testify before the Board. He testified that they wish to install three additional antenna on the water tower and swap out four of the existing six antenna with upgraded antenna. If the applicant is permitted to add the three antenna there will be a total of nine antenna on the tower. He testified that there will be no additional ground equipment needed at the site. In order to install the antenna the tank would need to be emptied to weld the antenna to the tower.

Mr. Toms presented his credentials and he was determined by the Board to be an expert and able to testify before the Board. He testified that the antenna would be “stud welded” which is a low temperature welding developed for this type of antenna – there will be no chips of paint. The antenna will be tripod mounted with brackets over it and three additional cable to be installed. The existing tank is structurally adequate. There will be maintenance every four to six weeks. Electricity is required, and same is already at the site. There is no need for water and sewer. There is proposed lighting. There is an existing lease with the Borough.

A motion was made by Rita Kelly, seconded by Inez Nelson, to open this portion of the meeting to the public. There being no questions or comments from the public, a motion was made by Larry Haynes, seconded by James Salvatore, to close the meeting to the public.

A motion was made by Phil Zimm, seconded by Rita Kelly, to approve the applicant’s request contingent upon a report being received from Sickels and Associates and contingent upon the applicant’s compliance with any requirements; granting all waivers requested as well as the security lighting for the tower be shining up from the ground the details of which to be reviewed and worked out between the applicant and Remington and Vernick the Board’s Engineer and/or Sickels and Associaties.

Roll Call Vote: In Favor – J. Burzichelli, B. DeAngelo, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Salvatore, A. Williams and P. Zimm. Against – None; Abstentions – None.

An application was submitted by Domenic Antonni – Marco Construction for a subdivision on an existing lot located at the intersection of Wood Street and Swedesboro Avenue. The applicant wishes to subdivide an existing lot to construct a two story house with a basement.

A motion was made by Rita Kelly, seconded by Phil Zimm to open the meeting to the public. There being no questions or comments from the public, a motion was made by Rita Kelly, seconded by Inez Nelson to close the meeting to the public.

The Board’s Engineer presented his report – The applicant needs to provide revised drawings to show the improvements; that there are no utilities to go across the property; and the owner has to sign the plans. As to stormwater problems the applicant testified that there were none of which he was aware. The plans need to show the rain gutters and the retaining pipe going to the back of the property. As to the sidewalk on Swedesboro Avenue, the plan shows it being on private property, but the applicant testified that it is actually right along side of it. The plans have to be corrected to show correct location. Also, the applicant will move the driveway to Swedesboro Avenue and the plans will need to reflect that.

A motion was made by Phil Zimm, seconded by Rita Kelly, to approve the subdivision and site plan with the appropriate waivers requested and the plans to be adjusted to show the corrected property lines, face dwelling towards Wood Street, showing the location of the driveway due to moving it to Swedesboro Avenue. The corrected plans must be submitted to Remington and Vernick and approved prior to any building permits being issued.

Roll Call Vote: In Favor – J. Burzichelli, B. DeAngelo, L. Haynes, R. Kelly, L. Manchester, I. Nelson, J. Salvatore, A. Williams and P. Zimm. Against – None; Abstentions – None.

As to Correspondence – a letter was received from Keith Hogle with respect to the issuance of certificate of occupancy to William Chambers as to property located at 416 W. Broad Street. Mr. Chambers was before the Board previously and was given six months to comply with certain requirements and no work has been done on same. The Temporary Certificate of Occupancy is due to run out and he has made no attempt to correct the deficiencies specifically correcting the sewer/septic problem.

Mr. Hogle’s question was is there action required by the Board – or is the Zoning Office to cite the owner. The Board’s Solicitor will write a letter to Mr. Hogle as to what needs to be done.

One resolution was presented for Memorialization, specifically Cindy Newton for a fence permit. A motion was made by Rita Kelly, seconded by James Salvatore to approve the Resolution. Roll Call Vote: In Favor: L. Haynes, B. DeAngelo, R. Kelly, L. Manchester, J. Salvatore, A. Williams and P. Zimm.

As to the application from Cingular, the Board requested that the Solicitor contact the attorney and request that Exhibits A-1 and A-2 be returned to the Board for the file.

Applicant Mark Zimmerman did not appear at the meeting and he will be contacted by the Zoning Officer.

A motion was made by Rita Kelly, seconded by James Salvatore to open the meeting to the public. There being no one from the Public wishing to speak a motion was made by Larry Haynes, seconded by Inez Nelson to close the meeting to the public.

There being no other business, a motion was made by Rita Kelly, seconded by James Salvatore, to adjourn the meeting. The meeting was adjourned at 9:10 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