MINUTES OF LAND USE BOARD MEETING

December 1, 2008

A regular meeting of the Land Use Board of the Borough of Paulsboro was called to order by the Chairman, Wayne Wurtz, on December 1, 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, Allen Gray, Larry Haynes, Rita Kelly, Leon Manchester, James Salvatore, James Scott, James Sharper, Alice Williams, Wayne Wurtz and Phil Zimm.

Absent: Inez Nelson

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

A motion was made by Rita Kelly, seconded by Leon Manchester to accept the minutes from the meeting of October 6, 2008. Voice Vote: All Ayes.

The Zoning Officer heard from Mark Zimmerman, applicant for fence permit at 533 Billings Avenue asking that due to his work schedule the matter be continued to the January 12, 2009 meeting. An announcement was made by the Solicitor indicating that the hearing on that application would be held on January 12, 2009.

With respect to the property known as 228 Vanemann – a request for an interpretation was submitted by the applicant, Dana Kearny, through her attorney Michael Borelli, Esquire.

The applicant Dana Kearny, of 105 Hopkinson Court, Mullica Hill, New Jersey, was sworn in and testified as follows:

1. She is the owner of the property and resided there for five years.

2. It is a single family home and same is now vacant.

3. She is seeking an interpretation that the requested use is a permitted use and if denied she will seek a conditional use variance.

4. The property is in a residential zone and her requested use of a Community Shelter is a permitted use under 40:55D-66.1.

5. She testified that she is a registered nurse in Pennsylvania and in New Jersey, she has a Master’s Degree in Nursing and teaches in her Nursing School.

6. She testified that she lived in the house for five years and she rented it for four years.

7. The Community Residence will be used to take care of elderly persons, and physically and developmentally disabled persons. It is not to be used for Domestic Violence victims or for drug and/or alcohol rehabilitation.

8. All clients must be screened. She will be licensed by the State of New Jersey.

9. The house contains four bedrooms – two on the first floor and two on the second floor.

10. The person taking care of the patients would be located in the basement. She plans to have six clients – with one care provider being required.

11. During the day the clients will have activities and doctor’s appointments.

12. She testified that she would be available – that the property should operate as a family home.

13. When asked if there was a need for this type of service – she indicated that with the Baby Boomers aging there is a big need for this type of service.

14. She testified that the structure is similar to other structures in the area.

15. She testified that she has an adult day care center in Edgewater Park, New Jersey – licensed under the Department of Health and Hospitals.

16. There will be a motor vehicle to transport the clients however, the staff member will take the clients to their activities and doctor appointments.

17. She testified that the caregiver on site is not a registered nurse. She testified that there will be one staff person on the site during the day and one staff person overnight.

18. When asked as to the available parking she testified that there is a driveway that would accommodate three cars and there is on street parking.

19. She testified that the back yard is fenced and the outdoor activities will be confined to the back yard.

20. She testified that she will need renovation to meet the ADA requirements.

21. She testified that the staff will do the actual cooking but the clients will participate and prepare meals as a family.

22. She testified that there is enough space in the property to house eight clients however, she has elected to only have six.

23. She testified that there is no ongoing schedule as to review by the state, however, it is required to be done every other year by Statute.

24. She testified that she has applied for landlord/tenant permit.

A motion was made by Robert DeAngelo, seconded by Allen Gray to open the meeting to the public. The following individuals testified.

1. Jeanne Giampola of 1508 S. Delaware Street, was sworn in and indicated that she was there to speak on behalf of her son who was unable to attend due to caring for his wife, who is ill. She asked the applicant if she has been approved by the State- and if the State determines that the property is not suitable what would she do then. The applicant responded that she has not been approved and if the site was determined to be unsuitable she would then re-group. The site would only be used by her as she has requested – she would not open a “Boarding House”.

Ms. Giampola asked that as the caretaker was to stay in the basement is there ingress and egress? The applicant responded that there was.

2. Bernard Kellum – corner of Vanemann Boulevard and Cook Avenue – was sworn in and asked who will be responsible for maintaining the property – cutting the grass and the like. The applicant responded that maintenance would be the responsibility of the staff personnel.

3. Ruth Driver of 224 Vanemann Boulvard was sworn in and indicated that she lived next door to the empty house and it has not been kept up. There were dogs kept outback and the stench was unbearable – water from the basement runs out over her driveway. The applicant indicated that there will be no pets allowed – and that the property is fenced in on three sides.

4. Mary Harris of 265 Vanemann Boulevard was sworn in and questioned as to the screening of clients – it is a nice street and they do not want any problems in the neighborhood.

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

The Board asked what kind of communication was between the applicant and the neighboring property owners. The applicant presented a letter dated October 28, 2008 that was sent to the neighbors outlining her intentions. The letter was marked A-1 in evidence.

The Board questioned as to what would happen if a client did not “fit in” or was not working out. The applicant testified that the screening must be tough – and if it did not work out that the client is given 30 days notice and the applicant must help with the replacement.

The Board questioned what the shifts would be for the workers – and the applicant indicated that there would be rotating shifts – that there would be a staff member with the clients at all times.

The Board asked as to the procedure for visitors and she indicated that the visiting hours would be defined.

A motion was made by Phil Zimm, seconded by Rita Kelly, indicating that sufficient evidence has been presented by the applicant showing that her request is in compliance with Land Use Ordinance 40:55D-66.1 regulating the use and operation of family care and elderly care homes – she has met the burden and any approvals will be contingent upon site plan review.

An application has been submitted by Stephen Kocinski for a variance for property known as 347 Greenwich Avenue, Borough of Paulsboro, asking for a C-1 variance under a hardship. Mr. Kocinski was unable to attend the meeting and was represented at the meeting by his attorney, Mark Shoemaker Esquire. Mr. Shoemaker indicated that Mr. Kocinski was not able to attend the meeting as he was away. When the Board asked about continuing the meeting to a later date when the applicant could attend, Mr. Shoemaker indicated that Ms. Kocinski was scheduled for last months meeting which was cancelled and he was under a deadline to begin work on the property. He has a year from the date of the fire and the fire was in January of 2008. He stated that the applicant intends to rebuild the house used as a duplex which was destroyed in a fire. He applied for a zoning permit however, the front yard set back did not meet zoning requirements due to a pre-existing non-conforming situation.

He is requesting relief citing an undue hardship as in order to comply with the 30 foot set back he would have to re-do the foundation, thus he is asking for a bulk variance.

Marc Kamp, Zoning Officer, was sworn in and testified that he reviewed the request for the zoning permit and advised the applicant that he had to apply for a variance.

After discussion from the Board and the applicant, the Board determined that this was not beneficial to the town and the citizens. When asked if the subject property would be rebuilt as a duplex the applicant’s attorney advised that yes, the applicant did plan to rebuild it as a duplex.

A motion was made by Phil Zimm, seconded by James Salvatore, to open this portion of the meeting to the public.

Bill Dudley, of 239 Greenwich Avenue, asked if the builder would be liable for any damages to neighboring properties due to the re-construction. He was advised that yes, the applicant would be responsible if any neighboring properties were damaged as a result of the reconstruction.

There being no other questions or comments from the public, a motion was made by Rita Kelly, seconded by James Scott to close the meeting to the public.

A motion was made by John Burzichelli, seconded by James Scott, that the applicant did not present sufficient evidence showing the benefit to the Borough and the neighboring citizens of granting the bulk variance to allow the re-construction of the property at the pre-existing non-conforming setbacks.

Mr. Shoemaker, asked for clarification as to whether the undue hardship conditions was used for a C-1 or a C-2 variance. He was advised that the Resolution would speak for itself.

Roll Call Vote: In Favor: J. Burzichelli, A. Gray, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, J. Sharper, A. Williams, W. Wurtz, and P. Zimm. Against – None. – Abstentions R. DeAngelo.

The following Resolutions were presented for adoption:

1. 2008-30- Lisa Lozada-Shaw – Block 98, Lot 2 – 334 West Broad Street – Fence Permit – Denied – Date of Hearing – October 6, 2008.

Vote : J. Burzichelli, R. DeAngelo, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, A. Williams and P. Zimm. Against: None – Abstentions: None.

2. 2008-31 – Michael Sawyer – Block 62, Lot 2 – 116-118 West Monroe Street – Fence Permit. Granted Roll Call Vote: J. Burzichelli, B. DeAngelo, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, A. Williams and P. Zimm. Against: None – Abstentions: None.

3. 2008-32 New Cingular Wireless Minor Site Plan Approval Block 13, Lot 118 Summit and Elizabeth Avenues – Approved with Variances and Waivers Roll Call Vote: J. Burzichelli, B. DeAngelo, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, A. Williams and P. Zimm. Against: None – Abstentions: None.

4. 2008 – 33 Marco Construction – (Dominic M. Antonini) Block 103, Lot 4 Wood Street – Minor Subdivision and Site Plan Approval - Roll Call Vote: J. Burzichelli, B. DeAngelo, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, A. Williams and P. Zimm. Against: None – Abstentions: None.

A motion was made by Rita Kelly, seconded by Leon Manchester, 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.

An announcement was made that the next meeting of the Land Use Board would be scheduled for January 12, 2009 at 7:00 p.m. and would be the Reorganization meeting as well as handling other business.

A concept plan was presented by Arrow Truck Sales regarding redevelopment property located at Interchange 18. Brian Lozuke, Esquire, representing Main Street . Nick Salerno, President, Main Street Investments, Paul Freedman of Metro Commercial Real Estate and Bruce Brancato of Arrow Truck Sales, were sworn to testify.

Mr. Freedman testified that he attempted to market the site for four years for a restaurant, looking at national chains. He made contacts and was able to get some interest from a few, however, the restaurants no longer want to be along highways – rather they would like to be near malls and other shopping areas.

Nick Salerno testified that he has a Super WaWa and a Checkers to be at the site. Arrow Truck approached him regarding the property for a 3,000 square foot office building.

Bruce Brancato testified that Arrow Truck Sales is a privately held corporation and has been for 52 years. They deal with used truck sales. Basically, the vehicles are dropped off at the site, they will be evaluated (some are repossessions) and inspected as to what needs to be done to the vehicle for re-sale. There is a separate facility for the reconditioning of the vehicles. The trucks would come in be evaluated then sent out to be mechanically or cosmetically reconditioned. There will be fencing around the property as the product must be fenced in.

After discussion by the Board it was determined that this was not what was envisioned for that redevelopment site. The Board had concerns that there are residents in the area and that trucks would be coming in and out at all times of day and night – that the Board would appreciate a business coming to town, not that type of business at that site.

There being no other business, a motion was made by Leon Manchester, seconded by James Scott, to adjourn the meeting. The meeting was adjourned at 9:30 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