MINUTES OF LAND USE BOARD MEETI= NG

November 9, 2009

C= all to Order – Open Public Meetings Act – Roll Cal= l :

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A regular meeting of the Land Use Board of the Borough of Paulsboro was calle= d to order by the Chairman, Wayne Wurtz, on November= 9, 2009 at approximately 7:00 p.m.

Open Public Meetings Act was read by John Alice, Esquire, Solicitor.

The Board saluted the flag and recited the Pledge of Allegiance.

Roll Call: Members Present: John <= span class=3DSpellE>Burzichelli, Robert DeAngelo, Allen Gray, Larry Haynes, Rita Kelly, Leon Manchester, James Salvatore, James Scott, Alice Williams, and Wayne Wurtz.

Absent: Inez Nelson, James Sharper and Phil Zimm.

Also present: John Alice, Solicito= r, Melanie Adamson, Remington and Vernick, Board’s E= ngineer, and Marc Kamp, Zoning Officer

A motion was made by Rita Kelly, seconded by Leon Manchester, to adopt the minutes from the meeting of October 5, 2009. Voice Vote: In favor – all ayes – = against – none – abstentions - none.<= span style=3D'mso-spacerun:yes'>

A= pplications:

Alice Kennedy - Sub-Division Continued:

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Application No.= SD-03-09 was submitted by Alice Kennedy for a subdivision for property know= n as 107-109 E. Washington Stre= et. The application was continued to t= his meeting as the Board had questions regarding the “Fire Wall” and parking spaces and the applicant wanted her professional present.

Alice Kennedy of 407 Apple Lane, Blackwood, NJ was sworn in as well a= s her Surveyor, Eric Valentino. The Surveyor testified as follows:

1. He has over 10 years of experience= in the field as a Land Surveyor.

2. The Plans were submitted to the Fi= re Marshall showing the existence of the Fire Wall.

3. The applicant will provide two par= king spaces on each side of the existing duplex – the existing parking are= as are concrete and the applicant proposes to enlarge the parking area on each side by adding stone to allow for two parking places. The applicant is requesting a Waiv= er for the requirement that the driveways be paved.

4. The plans were submitted to Phil <= span class=3DSpellE>Zimm for his review and the applicant agrees that any approval granted by the Board would be contingent upon the review of the Pl= ans by Mr. Zimm and the Fire Wall being in existenc= e.

5. He testified that the applicant wo= uld like to enlarge the driveways with stone and that even though the driveways= are close to the property lines, he feels that the stones would drain better and that the run off would not go onto the neighboring properties.

The Board’s Engineer presented her review letter and indicated that the driveways should be impervious, or concrete with the run off being directed into the street. Also, the le= gal descriptions should be reviewed by her office with the original deeds submi= tted to John Alice, Solicitor for his review as well. The Block and Lot numbers should be obtained from the Tax Office.

A motion was made by Robert DeAngelo, seconded by= Rita Kelly to approve the minor subdivision with the condition that the existenc= e of the two hour Fire Wall be approved by the Constr= uction Official and that the request for a waiver for the driveways to be partial stone on each side be denied.

Roll Call Vote: In Favor, J. Burzichelli, R. DeAngelo,= A. Gray, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, A. Willia= ms, W. Wurtz. Against: None&n= bsp; Abstentions None.

WaWa – Amended and Final Site Plan

An Amended Final Site Plan for the = above applicant was submitted. Jenn= ifer Fowler, Esquire, presented the amended site plan application in which it was requested that the previously approved square footage of the building (5,600 square feet) be downsized to 4,800 square feet and the addition of diesel p= umps to the product being offered.

Scott Girard, Engineer Manager for WaWa and Paul Cray= of Kernan and Associates were sworn in and testified as follows:

1. It was stated that the proposed di= esel pumps will be under a canopy.

2. The number of parking spaces previ= ously approved was 86 and the number will be downsized to 83 – due to the smaller square footage of the building.

3. The proposed building will be 800 = square feet smaller and the canopy will be modified. Also, there will be less impervious coverage.

4. The applicant wishes to take two previously approved gas pumps and use them for diesel fuel. The proposed diesel fuel pumps wil= l be under a canopy.

5. When asked why they were thinking = of adding diesel, the Engineer Manager stated that it was felt there would be a market for diesel in passenger cars, trucks and vans. They are not targeting large truck= s or tractor trailers but it is meant for automobiles.

6. The applicant agrees to comply wit= h all comments in the Board Engineer’s letter.

7. As to the size of signs on the can= opy, it was= stated that the signs will be under 10% - 8% maximum.

8. The Canopy height is 16 feet ̵= 1; the Board asked what would stop a large truck from coming in to fill up with di= esel – the Engineer testified that there will be no provisions for a large truck to fill up – most of the time they have tanks on both sides of = the truck – the truck would have to fill up on one side and then move the truck for the second side – it would not be considered convenient.

9. The applicant is willing to post a= sign that there are to be no tractor trailers at the diesel pumps.

10. When asked as to the time frame for construction, the Engineer stated that they would like to start building in January, hopefully, and done by spring.&nb= sp; However, he cannot commit to a time frame at this time.

11. The reason for the change to the building size is due to economic slow down and square footage construction costs. They will lose some wa= sted space such as part of the manager’s office.

A motion was made by Robert DeAngelo, seconded by= Rita Kelly, to approve the requested amendment conditioned upon the signs for th= e diesel pumps being worked out between the Board’s Professionals and the applicant’s professionals.

Roll Call Vote: In Favor, J. Burzichelli, R. DeAngelo,= A. Gray, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, A. Willia= ms, W. Wurtz. Against: None&n= bsp; Abstentions None.

BP – App.No. SP-05-09<= /p>

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The applicant submitted an application to convert a house located at 128 Mantua Avenue to an office for use during the ongoing remediation work.

Board Member Robert DeAngelo excused himself from thi= s portion of the meeting.

Speaking on behalf of the applicant was Gary Hall, Esquire, Tim Kernan, Applicant’s Planner and Iain Bryant, Environmental Project Manager.

Mr. Bryant testified that he has been working with this project since 1998 R= 11; has been with BP for over twelve years and he spends 75% of his work time o= n this site.

Two aerial photos were submitted and marked in evidence as BP 1 and BP2 (which = was a close up of the location). The current office space being used is small a= nd shared with others. They are = under a requirement to vacate the current office space at the end of the year. BP owns the house across the stree= t from the site. The house has been = vacant and they seek approval to relocate the existing office to the vacant house.=

The applicant testified that there will be only one person in the office all day – except for the occasional visitors and others that will be scheduled for meetings. There is one on= -site parking space. However, there is a vacant lot across the street for parking= . It is a limited office use and there is no reason for the public to stop into = the office.

They propose no changes to the outside, except for needed maintenance and only cosmetic changes to the interior, such as painting. They are willing to “s= pruce up” the property and do small improvements.

When asked why it was important for the staff person to be next to the property,= the applicant responded that the house belonged to them and it was the right si= ze.

The Board questioned as to the parking and if off street parking would cause a problem – the applicant responded that it was up to the site manager = to make sure that no one parks on the street.= At tops, one time a month, there may be a meeting and there may be m= ore than one car parked at the site – thus the need to park across the street.

The applicant will maintain the property and keep it looking like a residence.<= o:p>

Tim Kernan testified as to his credentials and was accept= ed as a Professional Planner by the Board. He testified that there will be no changes to the exterior lighting,= no signage, and no harm to the zone. He presented two pictures showing the exterior of the house and the street in front of the house (Mantua Avenue) with the house on the right and looking toward Broad Street.

The Board’s Engineer asked for testimony as to the utilities. Mr. Kernan testified that there is existing septic and the usage would be far less than if a family of four was living in the property= .

The hours of operation would be 7:00 or 8:00 am to usually 4:00 p.m. – sometimes it may be later in the evening to 7:00 p.m.

There is no need for off street loading or unloading as there will be no deliveri= es or any need for loading or unloading zones. The use variance will only be used= by BP or their subsidiaries.

A motion was made by Leon Manchester, seconded by Rita Kelly to open the meeting to = the public.

Gabrielle Salvatore of 136 Mantua Av= enue was sworn in and expressed concern as to the condition of the property. She stated that the carport is fal= ling down, trees are falling and landing on the fence. The applicant responded that the c= arport will be taken down and the trees cut back, and the fence repaired.

Robert Gilcrest was sworn in and asked if they ever in= tend to open up – it was responded that all piping and tanks have been rem= oved as of October 2009 – there was a ground breaking and all the docks wi= ll be rebuilt – there will be no tankers at this location.

There being no one else from the public wishing to speak a motion was made by Jam= es Scott, seconded by Leon Manchester to close this portion of the meeting to = the public.

A motion was made by Leon Manchester, seconded by Allen Gray to approve the requested relief to allow the property to be used as an office by BP only, = with parking across the street and that the applicant will clean up the property. Roll Call Vote: In = Favor – J. Burzichelli, A. Gray, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, A. Williams and W. Wurtz. Against – none Abstentions none.

F= lower World – SP-06-09 – Parking Lot

Board Member Robert DeAngelo returned to the meeting.=

Anthony DiMento, Esquire, attorney for the applicant, presented the application. Gl= en Sheets, Applicant, Robert Scott Smith, Professional Planner and Greg Fusco, Engineer were sworn in.

The prior owner applicant purchased the property next door and created a parking area= without any approvals.

The property consists of two lots. An adjoining residential dwelling was purcha= sed, which is presently occupied as a residence. The existing business is on the bo= ttom floor and there is an apartment on the second floor of one lot.<= /span>

Access to the back parking area is through two driveways on Delaware Street, which will support= two way traffic. Moreland Avenue ends at the back parking area, which is gated. There are six parking spaces at th= e rear of the property. Twelve are required but only six are proposed due to the retail only being on the bottom floor.&nbs= p; Proposed site lighting will be improved and properly shielded to pro= tect the residences.

As to the paving, that was done when Robert Sheets, prior owner, took over the property. The plans show that= at one time there were two greenhouses. The neighbors were asked if there was a problem with water run-off entering her property and she advised no.

The applicant Glen S heets testified as follows:

1. On a weekly basis the walk-in cust= omers were very minimal, one maybe two at the most. Most of the business is done = over the phone and over the internet.

2. The business is open seven days a = week – 7:00 a.m. to 4:00 p.m.

3. The structure in the back is for storage.

4. Delivery Trucks will enter and exi= t onto Moreland Avenue. Moreland Avenue terminates at the b= ack of the property line.

Mr. DiMento indicated that it does not make sense to cons= olidate the lots so the deeds will be two deeds with two different tracts. Lot 19 will be subject to cross easements. The existing crushed stone area will be paved. The sidewalk is in poor condition and the apron and sidewalk will be replaced.

The Board’s Engineer had a question as to storm water run-off. There is a low spot in the parking= area and would like information from the applicant showing how the water will run off the property. &= nbsp;

The Board questioned as to the exterior areas and if there will be any outside sales, such as statuary and the like and the applicant advised that there w= ill be no such sales at this location.

A motion was made by Leon Manchester, seconded by James Scott to open this portion of the meeting to the public. There being no one from the public wishing to speak on 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 Robert DeAngelo, seconded by= Allen Gray, to approve the application for the parking lot, with the granting of submission waivers, conditioned upon the water run-off issue being reviewed= by the Engineer. Roll Call Vote:= In Favor, J. Burzichelli, R. = DeAngelo, A. Gray, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, A. Williams and W. Wurtz.

Memorialization of Resolution

Reso= lution -

2009= – 28 - &n= bsp; Glorious Light Christian Ministries, Inc. – 104 E. Broad Street, Block

&= nbsp; 105, Lots 1, 1.01, 5 and 6, for an amended final site plan approval. =

&= nbsp; Asked for relief to construct a six foot chain link fence as opposed <= /span>

&= nbsp; to the solid stockade fence previously approved by the Board.

&= nbsp; Granted that applicant to have a six foot decorative fence – not the

&= nbsp; chain link as requested. Granted at public meeting on Octob= er 5,

&= nbsp; 2009 –Roll Call Vote: In Fav= or – L. Manchester, I. Nelson, J. Salvatore,

J. Scott, A. Williams, W. Wurtz, P. Zimm. Against – = <= /p>

&= nbsp; None – Abstentions – None. Adopted at meeting of November 9, =

&= nbsp; 2009 – Roll Call Vote: In Fa= vor – L. Manchester, J. Salvatore, J. Scott,

A. Williams, W. Wurtz. Against –= ; None Abstentions None.

M= aster Plan Re-examination

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After review by the members of the letter and changes submitted by George Stevens= on, Board’s Planner, a Resolution accepting the Master Plan Re-Examination with proposed changes and/or corrections, will be prepared by the BoardR= 17;s Solicitor. The Resolution wil= l be then be forwarded to Mayor and Council.

C= orrespondence

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The = New Jersey Department of Environmental Protection Coastal Wetlands General Perm= it #15 Paulsboro Marine Terminal Access Ro= ad and Bridges, dated October 7, 2009 was received and filed with this office.=

O= pen to Public

A mo= tion was made by Leon Manchester, seconded by James Scott to open the meeting to the Public. There being no one fr= om the public wishing to address the Board at this time, a motion was made by Leon Manchester, seconded by Rita Kelly to close the meeting to the public.=

A= djournment

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Ther= e being no other business to be heard, a motion was made by James Scott, seconded b= y Leon Manchester to adjourn the meeting. The meeting was adjourned at 8:45 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