BOROUGH OF PAULSBORO

LAND USE BOARD MINUTES

February 4, 2008

A regular meeting of the Land Use Board of the Borough of Paulsboro was held on February 4, 2008, and called to order by Wayne Wurtz, Chairman, at approximately 7:00 P.M.

Pledge of Allegiance was made to the flag and John Alice, Solicitor, read the Open Public Meetings Act..

Members present: John Burzichelli, Robert DeAngelo, Allen Gray,. Rita Kelly, Leon Manchester, Inez Nelson, James Salvatore, James Scott, Alice Williams, Wayne Wurtz, and Phil Zimm.. James Sharper was excused.

A motion was made by Leon Manchester, seconded by Rita Kelly, to accept the minutes of the meeting of January 7, 2008. Voice vote - all ayes.

As to the continued application of Paul/Del Investments - (915/917 Delaware Street - No one appeared. John Alice, Solicitor is to contact applicant as to status.

On the new application of William Chambers for a minor site plan - 416 W. Broad Street - Block 97 , lots 2, 25, 28, 29 and 40 - the applicant=s attorney asked for the matter to be postponed to the next meeting - March 3, 2008 - an announcement was made to the public.

On the application of G and F Investments - - for a site plan 41 E. Broad Street, the applicant=s attorney requested a postponement to the next meeting - March 3, 2008 - an announcement was made to the public.

An application was submitted by Ercole Chila for a side yard variance for property known as Block 97, Lot 20.

The applicant, Ercole Chila (residing at 127 Nassau Avenue) and Domenic Chila (residing at 133 Nassau Avenue) were sworn in - The applicant testified he wishes to change the side yard aggregate from 25 feet to 15 feet.

The applicant wishes to construct a single story rancher on the subject property.

Marc Kamp, Zoning Official - was sworn in and testified that this property was subdivided in November of 2006 (under application of the Diner - James McIntyre)

The subject property has a 50-foot frontage and an R-1A zone requires a 100-foot frontage.

Other homes in the area have similar side yards - all the existing homes in the area predated the change in zoning.

If the requested relief were granted, the proposed house would be consistent with the other properties in the area.

A motion was made by Leon Manchester, seconded by Rita Kelly to open the meeting to the public. There being no one from the public wishing to be heard, 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 Leon Manchester, seconded by Rita Kelly, to grant the relief - for an aggregate side yard of 15 feet - or 7.5 feet on each side. Adopted by role call vote: In favor- Burzichelli, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, Zimm, DeAngelo - against - 0 - abstentions - 0.

An application was submitted by Anthony and Barbara Tierno, doing business as Paulsboro Printers, for property known as Block 87, Lot 4 - 22 E. Washington Street. The applicants wish to place a shed along the side in front of the present building to allow the needed additional storage space.

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 Rita Kelly, to close the meeting to the public.

Responding to questions from the Board, the applicant stated that the building does not come in front of the house on the side yard. On the side where the proposed storage building will be placed there is a residential neighbor. The size of the building will be 10 feet by 16 feet and will not exceed eight feet in height. The building will be set on the site permanently. The building will be vinyl sided with trim to tie in with the house on the subject property. The only items to be stored in the proposed building will be paper and boxes. No other supplies.

A motion was made by Phil Zimm, seconded by Leon Manchester to grant the requested relief allowing the shed on the side, not to be in front of the existing house and only to be used for the storage of paper and boxes.

Vote: Yes - DeAngelo, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, and Zimm. No - 0; Abstentions - 0.

An application was submitted by Am Spec Services, LLC, for a minor site plan (change of use) to property known as Block 93, Lot 1, 1300 North Delaware Street for a petroleum and chemical testing laboratory as well as offices on the subject property.

James Ford, Senior Vice President was sworn in and testified that there will be no change to the footprint of the building but there will be some renovations to the site. For parking they plan to access the parking lot across the street, however there are two parking spaces in the rear and there is a two bay garage - thus having four parking spaces on site. There will be from 6 to 10 employees. The site will be open 24 hours a day 360 days a year. The operation will take samples of product (from Exxon-Mobil for example) and test the samples on the site. As to waste, there will be storage on the site in drums, less that 500 gallons - it will be a full-scale operation.

There were questions from the Board with respect to parking and storage. The Board=s engineer indicated that more information was needed to show parking circulation and the like on the plans.

The Board requested that the applicant provide more suitable plans to the Board=s engineer two weeks prior to the next meeting and the matter was continued to the meeting of March 3, 2008.

An application was submitted by Metro PCS, LLC of PA for property known as 238 Beacon Avenue, Block 12, Lot 5 and 6 to place additional antennae on an existing tower on the site (Nextel tower).

Victoria Fannon, Esquire, attorney for the applicants stated that they plan to put additional antennae on the existing tower. The existing tower is 130 feet high but the antennae will be placed no higher than 120 feet. The base of the tower is 50 by 60 feet with an 8 by 10 feet steel platform. Metro PCS is a new cell phone company and has no current site the area.

The applicants presented into evidence Metro 1 a copy of their FCC License.

The following individuals will testify on behalf of the applicant:

Jay Krause - Civil Engineer

Michael Sims

Leland Brown, Senior RF Engineer

James Miller, Professional Planner.

Leland Brown, Senior RF Engineer, was presented to the Board to testify and the Board determined that he was an expert in the area, as he appeared before this Board before. He testified that there is nothing else in the area for Metro PCS to have their antennae placed

Metro 2 the Paulsboro Site Location showing Existing Coverage was entered into evidence. Metro 3 is the site location of the proposed coverage, entered into evidence.

He testified that there is a need for the proposed antennae as there is a gap of coverage in the area.

James A. Miller, Professional Planner stated he was retained by the applicant to review the site - he is familiar with the site - he has testified in other municipalities in the State and is a certified planner and has been determined to be an expert in over 200 municipalities.

He testified that the site is suitable for the proposed use. It is a pre-existing non-conforming use. It would be less intrusive as there is already an existing tower for the antennae on the site.

The use is needed due to the addition of a steel cabinet to the site, which will have a minimal impact on the site.

He testified that the negative criteria will not impair the intent of ordinance and that the benefits will outweigh any negative criteria.

Jay Krause testified on behalf of the applicant. Mr. Krause was determined to be an expert.

Melanie Adamson, Board=s Engineer reviewed her report and questioned the following:

1. That the submission information was missing and the applicants requested the submissions waiver, as well as a waiver for the storm water information, contours, driveway, existing curbs and sidewalks.

2. As to Landscaping the applicants agree to work with the Board=s Engineer as to the existing landscaping and the fence on the property line. The applicant=s requested that there be no landscaping along the fence as the root system may damage the municipal property.

3. As to noise, the applicant indicated that the noise will be minimal, the cabinets are watertight. There will be small equipment components and small computer fans and the noise will not be discernible.

4. As to lighting, there will be only what is required by the FCC and one small light 70 to 100 watts pointed downwards to work on the equipment if needed.

5. As to Landscaping the applicants agree to work with the Board=s Engineer and to put privacy slats in the chain link fence on at least two sides by the residential sides of the site.

6. After discussion, it was determined and the applicant agreed to Aswing@ the equipment compartment to within the building footprint. As the applicant=s agreed to this, there is no need for a Bulk variance.

A motion was made by Leon Manchester, seconded by Rita Kelly, to open this portion of the meeting to the public. There being no one from the public wishing to speak on this application, 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 Phil Zimm, seconded by Leon Manchester, to approve the minor site plan with height variance to allow the installation of six additional antennae to the existing tower, granting the submission waivers, relocating the equipment container to within the building envelope, install screening (slats) on the existing fence on two sides by the residential area and the applicant is to work with the Board=s Engineer with respect to landscaping.

Vote: Yes - DeAngelo, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, and Zimm. No - 0 - abstentions - 0.

A motion was made by Rita Kelly, seconded by Leon Manchester to open the Land Use Board meeting to the public. As no members of the public wished to speak, a motion was made by James Scott, seconded by Rita Kelly, to close the meeting to the public.

The following Resolutions were presented for memorialization:

A. 2008-09 - Earl Everline - (Variance 01-08) 416 Nassau Avenue - Block 36, Lot 5

Lot Area

B. 2008-10- Woodbury Moose Lodge - (Variance 02-08) 402 Cook Avenue Block 115, Lot 8 Lot area, lot frontage and side yard set backs.

C. 2008-11- Patrick and Jessica Millburn - (Minor subdivision 01-2008) Corner of Billingsport and Clonmell Road - Block 51 - Lot8 - wish to subdivide into two residential lots with a single family residence (existing) on one lot (14,463.64 square feet) and the second lot containing 7,513.29 square feet with existing duplex.

D. 2008-12 - Renaissance Redevelopment - (Minor Site Plan Approval 01- 2008) 1048 Pennline -Plate 19, Block 56, Lot11 - to rehab an existing two story masonary building into three townhouses.

E. 2008-13 - Renaissance Redevelopment - (Minor Site Plan Approval 02-2008) Plate 17, Block 52.01, Lot 7 - 446-448 Billingsport Road, - to rehab an existing apartment building to four condominiums with other associated improvements.

A motion was made by Leon Manchester, seconded by James Scott to approve the Resolutions, Vote for 2008-09 Everline: In Favor DeAngelo, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, and Zimm. Against - 0 Abstentions 0

A motion was made by Leon Manchester, seconded by James Scott to approve the Resolutions, Vote for 2008-10 Woodbury Moose Lodge: In Favor DeAngelo, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, and Zimm. Against - 0 Abstentions 0

A motion was made by Leon Manchester, seconded by James Scott to approve the Resolutions, Vote for 2008-11 Milburn: In Favor DeAngelo, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, and Zimm. Against - 0 Abstentions 0

A motion was made by Leon Manchester, seconded by James Scott to approve the Resolutions, Vote for 2008-12 Renaissance: In Favor DeAngelo, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, and Zimm. Against - 0 Abstentions 0

A motion was made by Leon Manchester, seconded by James Scott to approve the Resolutions, Vote for 2008-13 Renaissance: In Favor DeAngelo, Gray, Kelly, Manchester, Nelson, Salvatore, Scott, Wurtz, and Zimm. Against - 0 Abstentions 0

As to old business, Kelly Asay was not able to have the deeds prepared with respect to her application in time and has requested an extension of time for same. A motion was made by Leon Manchester, seconded by James Scott, to grant the requested extension for six months. Voice Vote: all ayes - no nayes, no abstentions.

As there was no further business, a motion was made by Leon Manchester, seconded by James Scott, to adjourn the meeting. The meeting was adjourned at approximately 9:20 p.m.

This is a brief summary of the regular meeting of the Land Use Board of the Borough of Paulsboro held on February 4, 2008, and should not be considered a verbatim transcript of the hearing.

Respectfully submitted,

ALICE B. WILLIAMS

Land Use Board Secretary