MINUTES OF LAND USE BOARD MEETI= NG

December 7, 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 December 7, 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. There was a moment of silence in ho= nor of Pearl Harbor Remembrance Day.

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

Absent: Larry Haynes, Leon Manchester, Inez Nelson and James Sharper.

Also present: John Alice, Solicito= r, Melanie Adamson, Remington and Vernick, Board’s Engineer, and Marc Kamp, Zoni= ng Officer

A motion was made by Rita Kelly, seconded by James Scott = to adopt the minutes from the meeting of November 9, 2009. = Voice Vote: In favor – all ay= es – against – none – abstentions - none.<= span style=3D'mso-spacerun:yes'>

A= pplications:

CDIP – Paulsboro Plaza – W. Broad Street and Billingsport Road =

Ronald Uzdaviniz, Esquire, attorn= ey for CDIP presented the request for minor subdivision (app. no. SD-04-09) and Variance (app. no. V= -04-09), specifically, Block 56.02, Lots 4, 5, 6 and 7.

Eric Timber, Architect for applicant and Mark Kataryniak, PE and PP were sworn in.

Mr. Kataryniak testified that he is a licensed Civil Engi= neer, a Traffic Engineer and has been in practice for over 20 years. Further, he has testified before m= any other Boards and Municipalities. Mr. Timber testified that he has been an Architect since 1997 and ha= s also testified before many Boards and Municipalities.

Mr. Uzdaviniz stated that the applicant wishes to simply sub-divide the property and any approval granted would be subject to Major = Site Plan approval. The reason for= the requested sub-division is to acquire the major funding for the project.

The applicant now has four lots which they wish to reconfigure and in addition = to the relief, Lot 5 which will not abut a = road, will need some way to guarantee access.

Originally there was restricted housing in an “L-shaped” building which the applicants wish to make into two buildings, with 102 units. The units will not be apartments b= ut will be condominiums.

Six exhibits were presented: A-1 showing existing conditional plan; A-2 copy of= the minor sub-division plat; A-3 is a colorized version of minor sub-division p= lat; A-4 is a colorized sub-division plat showing the four lots as reconfigured;= A-5 is a former exhibit from 2007 and A-6 is another copy of the sub-division p= lat with the shaded portion showing the driveway.

There was much testimony regarding the proposed re-configuration and the reasoning for same, however, when asked, the applicant proposed that if the sub-divis= ion is approved, they could be back before the Board for site plan within a few months. At which time the app= licant will present a final plan for the four lots with a phasing plan. The Board noted that all that was = being discussed at this meeting was the sub-division. Any approval must be contingent up= on the applicant providing a plan for access onto the reconfigured lot, for emerge= ncy vehicles.

A motion was made by John Burzichelli, seconded b= y Phil Zimm to open this portion of the meeting to the public. There being no one fr= om the Public wishing to speak, a motion was made by Jo= hn Burzichelli, seconded by Allen Gray to close this por= tion of the meeting to the Public.

A motion was made by Phil Zimm, seconded by Rober= t DeAngelo, to grant preliminary approval for the sub-division as proposed, contingent upon the applicant addressing Lot 5 be= ing land locked and that sufficient access is provided, contingent upon final s= ub-division approval and final site plan approval;and that = the balance of all escrow monies being paid.

C= orrespondence

A letter was received from Alice Kennedy – application no. SD-03-09 = 211; asking that the sub-division be put on hold. John Alice will forward a letter t= o Ms. Kennedy indicating the procedure.

Memorialization of Resolutions:

2009-29 WAWA, Inc. – Amended final Major Site Plan Approval – Plate 35=

&= nbsp; Block 124, Lot 1 (formerly Lots 12, p/o 2 and = 13.01) located at

&= nbsp; Berkley Road and C= .R. 678 – the applicant received preliminary

&= nbsp; and final site plan approval on July 2, 2007 to constr= uct a 5,601

&= nbsp; square foot convenience store and gasoline service fac= ility,

&= nbsp; which Resolution (2007-25) remains in full force and e= ffect except = &nb= sp; as modified by this Resolution. Applicant to reduce size of store

&= nbsp; from 5,601 square feet to 4,769 square feet – al= low two pumps

&= nbsp; for the sale of diesel for light trucks and passenger vehicles –

&= nbsp; change canopy profile and signage package – decr= ease number

&= nbsp; of parking spaces from 86 to 83. Granted with conditions –

&= nbsp; Compliance with Engineers letter of 11/2/09; Applicant to work

&= nbsp; with Board’s Professionals to develop changes to signage;

&= nbsp; Obtain outside agency approvals; applicant make appropriate

&= nbsp; changes to site plan; an inspection escrow and perform= ance bond

&= nbsp; is required; Applicant must settle all outstanding rev= iew escrow

&= nbsp; accounts prior to a building permit being issued; and = a pre-

&= nbsp; construction conference to be scheduled with Borough Engineer’s

&= nbsp; Office three working days prior to the start of work.<= span style=3D'mso-spacerun:yes'> Adopted

&= nbsp; 11/9/09 Roll Call Vote: In Favor, J. = Burzichelli, R. DeAngelo,= A. &= nbsp; Gray, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, A. &= nbsp; &nbs= p; Williams, W. Wurtz. Against: None&n= bsp; Abstentions None. = ; &n= bsp; Memorialized 12-7-09 – Roll Call Vote: In Favor R. DeAngelo, A. &nbs= p; Gray, R. Kelly, J. Salvatore, J. Scott, A. Williams, W. Wurt= z.

2= 009-30 Flower World – Preliminary and Final Major Site P= lan Approval –

&= nbsp; Plate 33, Block 126, Lots 18 and 19 – 1530 South Del= aware

&= nbsp; Street – requested a variance for parking and submission/<= /p>

&= nbsp; checklist waivers – there is no problem with sto= rm water run-off;

&= nbsp; Applicant to replace sidewalk and driveway apron which are in poor<= /p>

&= nbsp; condition; no outdoor sales; trailer on property to be removed;

&= nbsp; cross-easements for driveway subject to engineer and solicitor

&= nbsp; review; applicant to comply with lighting as recommend= ed by

&= nbsp; Engineer; there shall be six parking spaces which includes one

&= nbsp; ADA= compliance parking space instead of twelve. Granted a= t

&= nbsp; meeting of November 9, 2009 - Roll Call Vote: In Favor= , J. &= nbsp; &nbs= p; Burzichelli, R. DeAngelo,= A. Gray, L. Haynes, R. Kelly, L. &= nbsp; &nbs= p; = Manchester, J. Salvatore, J. Scott, A. Williams and W. Wurtz.

&= nbsp; Memorialized 12/7/09 Roll Call Vote: R. DeAngelo, A. Gray, <= o:p>

&= nbsp; R. Kelly, J. Salvatore, J. Scott, A. Williams and W. Wurt= z.

2= 009-31 BP Products North America, Inc. – Minor Site Plan approval

&= nbsp; with Use Variance and Waivers on Block 3, Lot 9, 129

&= nbsp; Mantua Avenue- Applicant proposes a change of use to

&= nbsp; permit a business use at existing residential use R= 11; approved

&= nbsp; subject to conditions – no new lighting or signa= ge; use of the

&= nbsp; existing septic system will continue; hours of operati= on are

&= nbsp; 7:00 a.m. to 7:00 p.m. ; no off street loading or unloading;

&= nbsp; applicant to landscape and improve appearance of =

&= nbsp; property; only a few individuals to work at the propos= ed

&= nbsp; office on a daily basis; the granting of this Use vari= ance

&= nbsp; shall end and cease upon BP transferring ownership of<= o:p>

&= nbsp; the subject property – variances for the proposed office use

&= nbsp; variance – variance from required seven parking spaces;

&= nbsp; variance from front yard setback (pre-existing non-

&= nbsp; conforming) and submissions/checklist waivers-

&= nbsp; Public Hearing 11-9-09 Roll Call Vote: Roll Call Vote: In Favor – J. = Burzichelli, A. Gray, L. Haynes, R. Kelly, L. Manches= ter, J. &nbs= p; &= nbsp; Salvatore, J. Scott, A. Williams and W. = Wurtz. Against – none &nbs= p; &= nbsp; Abstentions none – memorialized 12/7/09 Vote: A. Gray, <= /span>

&= nbsp; R. Kelly, J. Salvatore, J. Scott, A. Williams and W. Wurt= z.

&= nbsp; Against – none – Abstentions – R. DeAngelo.

2= 009-32 Alice D. Kennedy – Block 81, Lot 2.01 10= 7 and 109 East

&= nbsp; Washington Street – Subdivision – Applicants wishes

&= nbsp; to sub-divide subject property into two lots bisecting= an

&= nbsp; existing duplex at the party wall; Applicant testified= that

&= nbsp; there are two parking spaces for the left side of the = duplex

&= nbsp; and one for the right side of the duplex. After discus= sion

&= nbsp; it was determined the applicant needed to provide informa-

&= nbsp; tion as to fire wall; the = plan had to be reconciled to show

&= nbsp; total area as set forth on tax map total area – applicant

&= nbsp; to replace sidewalk and curb to Borough’s satisf= action

&= nbsp; deeds and legal descriptions to be approved by Solicit= or

&= nbsp; and Engineer – parking areas to be paved –= no stone

&= nbsp; Approved with conditions and waiver from providing

&= nbsp; elevations and grading. Public Hearing 11/9/09 –

&= nbsp; In Favor, J. Burzichelli, R. = DeAngelo, A. Gray, L. Haynes, R. Kelly, &= nbsp; &nbs= p; L. Manchester, J. Salvatore, J. Scott, A. Williams, W. Wu= rtz. &n= bsp; = ; Against: None Abst= entions None.Memorialized 12/7/09 –

&= nbsp; Roll Call Vote: J. Burzichelli, R. DeAngelo, A. Gray, R. Kelly,

&= nbsp; J. Salvatore, J. Scott, A. Williams, W. Wurtz. Aga= inst None-

&= nbsp; Abstentions None

2= 009-33 – Approving the General Reexamination of the Master Plan Pursuant &nbs= p; &= nbsp; to the New J. Statute 40:55D-89. Motion to accept by Rita Kelly, = seconded by James Scott. Roll C= all Vote: J. Burzichelli, R. = &nb= sp; DeAngelo, A. Gray, R. Kelly, J. Salvatore, J. Scott, = A. Williams and = W. Wurtz.

O= pen to Public

A mo= tion was made by James Salvatore, seconded by James Scott to open the meeting to the Public.

Mr. Kahn operator of Crown Chicken addressed the Board about the closing hours = of the facility. He was advised = that the Board heard the application for a change in hours previously this year,= and the requested relief was denied.

There being no one else from the public wishing to address the Board at this time= , a motion was made by James Scott, seconded by Allen Gray,= to close the meeting to the = public.

Phil Zimm addressed the Board thanking them for allowing h= im to serve, that his appointment will end at the end of the year, and expressing= his interest to serve again.

A= djournment

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There being no other business to be heard, a motion was made by James Scott, seco= nded by Robert DeAngelo to adjo= urn the meeting. The meeting was adjo= urned at 8:20 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