MINUTES OF LAND USE BOARD MEETI= NG

April 6, 2009=

A regular meeting of the Land Use Board of the Borough of Paulsboro was calle= d to order by the Chairman, Wayne Wurtz, on April 6,= 2009 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 <= span class=3DSpellE>Burzichelli, Robert DeAngelo, Larry Haynes, Inez Nelson, James Salvatore, Alice Williams, Wayne Wurtz, and Phil Zimm.

Absent: Allen Gray, Rita Kelly, Leon Manchester, James Scott, <= span style=3D'mso-spacerun:yes'> and James Sharper=

Also present: John Alice, Solicito= r and Melanie Adamson, PE, Board’s Engineer

A motion was made by Phil Zimm seconded by Inez N= elson to adopt the minutes from the meeting of February 2, 2009. Voice Vote: All ayes in favor – no again= st – no abstentions. (There was no meeting in March of 2009 due to inclement weather).

A fence permit application was received from John and Cheri Giovannitti to construct a fence at their property – 473 Mantua Avenue. Mr. Giovannit= ti was sworn in and testified that he has built a new house on Mantua Avenue – he wishes to install a six foot vinyl fence (five feet is solid vinyl with one foot of lattice on the top) on the sides of his property with a four foot chain link fence across the back of his property. He testified that the back o= f his property is along wetlands and there are no residences or other construction along the back. He wishes to = have the fence for safety reasons for his child and pet.

A motion was made by John Burzichelli, seconded by Larry Haynes 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 Alice Williams second= ed by Inez Nelson, to close this portion of the meeting to the public.

A motion was made by Phil Zimm, seconded by John = Burzichelli, to grant the applicant’= ;s request for the fence for security for the applicant’s family and pet= .

Roll Call Vote: In favor J. Burzichelli, R. DeAngelo,= L. Haynes, I. Nelson, J. Salvatore, A. Williams, W. Wurtz= and P. Zimm.&n= bsp; Against – None Abstentions – None.

A fence permit application was received from Deborah Kap= pra for her property known as = 505 Lincoln Avenue. Deborah Kappr= a was sworn in and testified that she wishes to have a six foot cedar fence d= own the sides and across the back of her house dropping to five foot high at the rear due to = the slope of the property.

A motion was made by John Burzichelli, seconded b= y Robert DeAngelo to open the meeting to the public. There being no one from the public wishing to speak on this matter, a motion was made by John Burzichelli, seconded by Robert DeAngelo to close the meetin= g to the public.

A motion was made by Robert DeAngelo, seconded by= Inez Nelson, to grant the request as shown on the plans submitted by the applica= nt.

Roll Call Vote: In favor J. Burzichelli, R. DeAngelo, L. Haynes, I. Nelson, J. Salvatore, A. Will= iams, W. Wurtz and P. Zimm. Against – None Abstentions – None.

An application for a variance was submitted by William Gi= bison to construct a barn on property known as 1547 Commerce Street,. Mr. Gibison was sworn in and testified as follows:

a. He wo= uld like the barn to store his lawn equipment, boat and other items.

b. He pl= ans to construct the barn 70 feet off the street.

c. Due t= o the wetlands and location of his property, he cannot construct the barn to be at least ten feet behind the existing house.&= nbsp;

d. The p= roposed construction will not cause a visual compromise to the neighbors due to the size of his property and the location along the Mantua Creek.

e. The p= roposed building will be further back than any other structures on his property.

f. The h= eight of the building to the eves will be 14 feet.&= nbsp; The “A” portion of the roof goes 18 to 20 feet – w= ill be no higher than 20 feet.

g. He had applied to DEP for a permit and was advised that DEP does not require a per= mit for this building. There will= be no foundation and he will put “flood flaps” on it.

A motion was made by John Burzichelli, seconded by Larry Haynes to open the meeting to the public. There being no one from the public wishing to speak on this matter, a motion was made by Larry Haynes, seconde= d by John Burzichelli to close this portion of the m= eeting to the public.

The Board asked the applicant what was the intended use of the proposed construction. The applicant responded that it was for personal non-commercial use only – there wi= ll be no storage of inventory for a business or any other commercial use.=

A motion was made by Robert DeAngelo, seconded by= James Salvatore to approve the variance with the specific condition that the prop= osed barn was for personal use only – and there will be no commercial inve= ntory or items of any kind stored at the proposed barn.

Roll Call Vote: In favor J. Burzichelli, R. DeAngelo, L. Haynes, I. Nelson, J. Salvatore, A. Will= iams, W. Wurtz and P. Zimm. Against – None Abstentions – None.

The mayor wished to thank the applicant for all his help and generosity in allo= wing the Borough and members of rescue personnel to use his property during the recent tragedy, in which one of the residents drowned. The applicant is always willing to= help and volunteer his help anytime he is needed, to which the Borough is gratef= ul.

An application for a Site Plan was submitted by Mark English for property know= n as 200 E. Broad Street, Block 106, Lot 1. Mr. English was sworn in a= nd testified as follows:

A. He is the lessee of the property.<= o:p>

B. He wishes to open a Pizza Parlor &= #8211; sandwich shop on the site.

C. Underground tanks have been removed – the Board needs the correspondence from DEP submitted to the Board’s Engineer.

D. He believes that there were two underground tanks and both were removed by the oil company.

E. For deliveries he believes it will= be a small box truck to make the deliveries

F. There will be no change to the lig= hting.

The Board’s Engineer reviewed the plans submitted and advised that the applicant needs to revise the plans showing the correct square footage and = the parking area needs work. She = also advised the handicap parking area is only 12 feet and it needs to be 16 feet. She advised the applica= nt to have his engineer look at it. Ms. Adamson also inquired as to details with respect to the trash enclosure. Also, details are = needed with respect to the 6” existing concrete pad to be used for the trash enclosure. She stated t= hat the applicant is to submit details with respect to the sign on the building. The Board’s engineer indicated that a variance will be required for the parking –= 8 spaces are required and the applicant has only proposed four spaces.

The applicant testified to the following:

A. The hours of operation will be Sun= day through Thursday, 11:00 a.m. to 10:00 p.m.= Friday and Saturday – 10:00 a.m. to 11:00 = p.m.

B. The entrances on Broad Street are to be revised – The Board’s Engineer advised him that he may need State approval as Broad St= reet is a State Highway.

C. The applicant plans to have three possibly four employees. The restaurant will have eight booths for eat-in dining, however, he feels most of the business will be take-out.<= /p>

D. When questioned as to the proposed landscaping, the applicant stated that there was no landscaping plan. The Board’s Engineer reminde= d the applicant that the subject property is part of the “Hotel Redevelopme= nt Area” and that landscaping is required to comply with the Redevelopme= nt zoning.

A motion was made by Larry Haynes, seconded by John Burz= ichelli to open this portion of the meeting to the Public. There being no one wishing to comm= ent or question this portion of the meeting, a motion was made by Robert DeAngelo, seconded by Larry Haynes, to close the meet= ing to the public.

A motion was made by John Burzichelli, seconded by James Salvatore, to grant the minor site plan, with the variance for the fo= ur parking spaces instead of the eight required, contingent upon the applicant complying with all comments of the Board’s Engineer review letter and= all comments placed on the record and the applicant providing all information w= ith respect to the tank removal, and submitting the updated plan with required information.

Roll Call Vote: In favor J. Burzichelli, R. DeAngelo, L. Haynes, I. Nelson, J. Salvatore, A. Will= iams, W. Wurtz and P. Zimm. Against – None Abstentions – None.

An application was submitted by DANA KEARNEY for property known as 228 Vanneman Boul= evard – Block 107 Lot 7 – for minor site plan approval to locate a gr= oup home in an existing residential dwelling utilizing the existing four bedroo= ms for up to six individuals, which individuals are either elderly, disabled adults or developmentally disabled,

B. Michael Borelli, Esquire, represented the applicant. He stated that the applicant had appeared before this Board previously requesting an interpretation and was advised that a Use variance was not required as the proposed Use is an allo= wed use in the zone.

He further stated that the applicant will comply with all requirements as set forth in the Board Engineer’s letter, however was requesting waivers = for paragraphs 1, 2, 3, 4 and 5. = Further a side yard set back would be needed for the handicap ramp.

He stated that the home will be open for the residents at all times, however, visiting hours will be from 8:00 a.m. to 8:00 p.m. daily.

He stated that there is on-site parking but no turn around because if they ins= tall the impervious coverage needed for = the turnaround there would be no yard for the residents. He further stated that the residen= ts will not have cars and the odds of all six residents having visitors at the same time every day would be very slim.

He stated that there is no need for a loading/unloading zone at the site as it= is a residential site.

The Board questioned the applicant as to the existing fencing. There is currently a chain link fe= nce behind the garage with wooden stockade fencing along the sides. The applicant asked if the chain l= ink fencing could be replaced with shrubbery.&= nbsp; The Board felt that the fencing should be all one type, preferably t= he stockade fencing.

The Board asked if there would be any outside amenities for the residents. Mr. Borelli stated that there is a= deck with a table and chairs but there would be no other amenities – espec= ially something like a trampoline. =

The applicant through her attorney agreed to comply with all comments and requirements contained in the Board Engineer’s letter as well as all comments placed on the record, both at this meeting and at the December 2008 hearing at which time the interpretation hearing was held.

The applicant through her attorney agreed to the request to show the water and sewer lines and service lines on the plans and that written approval must be obtained as to the water and sewer from the Board’s Water and Sewer Engineer.

The applicant was asked as to a time frame of when the residence would be opened and she advised that it would take about ten weeks from the date the construction began.

A motion was made by Larry Haynes, seconded by Inez Nelson, to open this port= ion of the meeting to the public. There being no one from the public wishing to comment on this portion of the meet= ing a motion was made by Larry Haynes, seconded by Inez Nelson to close this portion of the meeting to the Public.

A motion was made by Phil Zimm, seconded by Rober= t DeAngelo to approve the site plan contingent upon the applicant complying with the Engineer’s Report, replacing the six foo= t of fence in the back, the side yard set back relief for the handicap ramp and = the submission waivers as requested by the applicant.

Roll Call Vote: In favor J. Burzichelli, R. DeAngelo, L. Haynes, I. Nelson, J. Salvatore, A. Will= iams, W. Wurtz and P. Zimm. Against – None Abstentions – None.

A correspondence was submitted by Jonathon Andreozzi requesting a 90 day extension of the time to reconstruct a building destroy= ed by fire located at 200 West Monroe Street.

Mr. Andreozzi and Mr. Goldstein were sworn in. Mr. Andreozzi= testified that the house was destroyed by fire at the end of March of 2008. He is allowed a year to reconstruct the building using the same footprint. He was advised in August of 2008 t= hat he had to comply with this as per the correspondence sent to him b= y Marc Kamp, Zoning Officer. He stated that he did not ignore the time limit however, he needed more time a= s it was not discovered until early March when Mr. Goldstein applied for the per= mit that there was a problem with the plans.

Mr. Andreozzi stated that he owns several properties in Paulsboro and he would have done everything in his power to meet the time limits however, he was not able to meet this time limit. He did not know until sometime in = March that the plans did not meet the footprint and he had to have new plans draw= n up and submitted.

Mr. Goldstein stated that he had several conversations with Mr. Kamp regarding = this matter, however, he was not aware of the correspondence regarding the time limits.&= nbsp;

A motion was made by Robert DeAngelo, seconded by= John Burzichelli, that Mr. Andreozzi did not provide sufficient reason= s as to why the requested extension should be granted and he was instructed to c= ome before the Board for a formal application.=

A roll call vote was requested and it was clarified to the Board and an affir= mative vote would be to deny the requested extension and have the applicant file a formal application before the Board for the requested relief.

Roll Call Vote: In favor J. Burzichelli, R. DeAngelo, L. Haynes, I. Nelson, J. Salvatore, A. Will= iams, and W. Wurtz= Against – None Abstentions – P. Zimm.=

The following Resolution was presented for memorialization= :

2009= -14 NuStar Asphalt Refining, LLC – Block 1.03, Lot 1 – 4 Paradise

&= nbsp; Road – minor site plan – to add a 27.5 foot by 56 foot modular &= nbsp; &nbs= p; office building and the removal and relocation of an existing drive

&= nbsp; Hearing date – January 12, and February 2, 2009 – granted on

&= nbsp; February 2, 2009 with conditions as set forth in engineer’s letter<= /span>

&= nbsp; Vote – In Favor R. DeAngelo= , A. Gray, R. Kelly, I. Nelson, J. &= nbsp; &nbs= p; Salvatore, J. Sharper, A. Williams, W. Wurtz, P.Zimm. Against: &nbs= p; &= nbsp; none; Abstain – None –

A motion was made by Phil Zimm, seconded by Rober= t DeAngelo to approve the Resolution: Roll Call Vote for Memorialization: R. DeAngelo, I.Nelson, J. Salvatore, A. Williams, W. Wurtz and P. Zimm

A motion was made by John Burzichelli, seconded b= y Alice Williams, to open the meeting to the public. There being no one wishing to spea= k or address the Board, a motion was made by John Burzichel= li, seconded by Inez Nelson, to close the meeting to the public.

The secretary reminded the Board members to complete the Financial Disclosure Statements previously forwarded to them in their meeting packets and to ret= urn them to Kathy VanScoy, Borough Clerk as soon as= possible.

There being no further business, a motion was made by Larry Haynes, seconded by I= nez Nelson, to adjourn the meeting. The meeting was adjourned at approximately 8:50 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