MINUTES OF LAND USE BOARD MEETI= NG

July 6, 2009<= /p>

A regular meeting of the Land Use Board of the Borough of Paulsboro was calle= d to order by the Vice-Chairman, Leon Manchester, on July 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, Larry Haynes, Rita Kelly, Leon Mancheste= r, James Salvatore, James Scott, James Sharper, Alice Williams, = and Phil Z= imm.

Absent: Robert DeAngelo, Allen Gray, Inez Nelson and Wa= yne Wurtz

Also present: John Alice, Solicito= r, Melanie Adamson, PE, Board’s Engineer, Marc Kamp, Zoning Officer

A motion was made by Rita Kelly seconded by James Scott to adopt the minutes = from the meeting of June 1, 2009. = Voice Vote: All= ayes in favor – no against – no abstentions.

The application that was submitted by Valerie Smith (V-03-09) for property know= n as 1108 N. Delaware Street – Block 79, Lot 3 for a variance f= rom a previous decision of the Board to appeal the hours of operation was continu= ed to tonights meeting. Valerie Smith, owner of the property and Asghar Kahn, manager of the busine= ss, Crown Chicken, were sworn in.

Ms Smith testified that Mr. Kahn has been running the business known as Crown Chicken for three years and had been open until 3:00 a.m. When the original plan was approve= d she ran the facility which was a Pizza place and it was open until 11:00 p.m. as per the previous approval given by the Board. She did not know that Mr. Kahn had= to close his business at 11:00 p.m. thus, she filed= for the relief to allow the business to be open until 2:00 a.m. instead of 11:00 p.m. as allowed.

The Board questioned Mr. Kahn who estimated that between the hours of 1= 1:00 p.m. and 2:00 a.m. he would have about 30% of his total business. He further stated that the bulk of= his late night business included employees from Valero and Mobil who work the l= ate shift and go out for lunch. Mr. Kahn indicated that his was an estimate and= he had nothing in writing to back this up.

Detective Sergeant Morina of the Paulsboro Police Departm= ent was sworn in and presented a report he compiled, regarding calls and incide= nts at the location. He testified that he compiled the report through informati= on obtained from the Gloucester County Communications Department and 911 calls= .

The report contained information that from June of 2006 through June 1, 2009, 2= 12 calls regarding this site were placed through the County Dispatch. Of these calls 62 of them were bet= ween the hours of 11:00 p.m. to 3:00 a.m. Since the business has been closed at 11:00 p.m. around or about Apr= il 13, 2009, there has been 1 report issued.

Other collateral issues regarding the late opening would be loitering, littering = and the like. <= /p>

When asked if other businesses in town are open to 3:00 a.m= . he responded – none to his knowledge – no restaurants.<= /span>

When asked as to the procedures in the town when a call is made –= he stated that there are two to three officers on duty at night. Any time there is a call for servi= ce two officers will go out. Most of the incidents are reported by citizens, or by officers who are driving by. =

When asked as to the percentage of juveniles, he stated that he did not have the figures for juveniles present, however, he knows= that juveniles and young adults are there. To his knowledge no calls have been received from Valero or Mobil or employees of same.

Since the hours have been curtailed, there have been a lot less calls.=

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

Barry Cordetti, President of the Neighborhood Watch Program, was sworn in. He ask= ed to present a petition to the Board signed by citizens opposing the hours being extended to 2:00 a.m. He expr= essed concerns stating that by allowing the establishment to = be open to 2:00 a.m. it would = have a negative impact on the town. = There would be more people on the street, being loud and making noise, more litter. He indicated that the borough workers worked hard cleaning the street before the Parade on July 4, 2009 and apparently the night before that litter was thrown on the ground a= nd the parade route had to be cleaned up again that morning before the parade.=

There being no other members of the public wishing to speak on this matter, a mot= ion was made by John Burzichelli, seconded by Rita = Kelly to close the meeting to the public.

A motion was made by Phil Zimm, seconded by Rita = Kelly to deny the applicants request to extend the closing hours from 11:00 p.m. = to 2:00 a.m.

Prior to the roll call vote, it was explained to the Board that an affirmative vo= te was a vote to deny the application. Vote In Favor to deny: J. Burzichelli, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, J. Sharper, A. Williams and P. Zi= mm; Against: None; Abstentions: N= one.

An application submitted by Affordable Housing Development (Application No. V-02-09) for property known as Block 61, Lot 3, 200 West Monroe Street, which was continued to allow the applicant to obtain counsel. = Kathie Renner, Esquire, represented the applicant and presented the application.

The applicants wish to construct a single family residence at the property. The existing house had been in a f= ire and the applicant did not reconstruct the property within the one year time limit thus variances are required for the new construction. A variance is needed for setbacks,= side yard, lot width and lot area. =

Adam Goldstein the applicant and Jonathon Andriosi, the owner, were sworn.

The Board’s solicitor reviewed the Notice published in the paper.

Ms. Renner stated that due to the unfortunate circumstances of the fire, the applicant did not meet the time requirements for the reconstruction. He now proposes to construct an 1,100 square foot single family dwelling, which will be a “For Sale” unit.

Ms. Renner further stated that the proposed use of the lot will be less intense= as it will be a single family dwelling and will not be a substantial detriment= to public good.

&n= bsp; The applicant testified that he has 15 years experience in the construction trade.<= o:p>

Ms. Renner stated that the applicant is requesting variances for a three foot side yard in l= ieu of a four foot which is required; a variance for the lot size from 3,000 square feet (required) to 2,781 square feet; and a variance for the lot width of 29 feet as opposed to the required 40 feet.

&nb= sp; A motion was made by John Burzichelli, seconded b= y Rita Kelly to open this portion of the meeting to the public. There being no one from the public wishi= ng to speak, a motion was made by Rita Kelly, seconded by James Scott to close th= is portion of the meeting to the public.

A motion was made by Phil Zimm, seconded by Rita = Kelly, to approve the requested variances, specifically, for a three foot side yard in l= ieu of a four foot which is required; for the lot size from 3,000 square feet (required) to 2,781 square feet; and for the lot width of 29 feet as oppose= d to the required 40 feet, with the condition that a single family home is to be constructed.

Vote: In Favor: J. = Burzichelli, L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, J. Sharper, A. Williams and P. Zimm; Against: None; Abstentions: None.

An application was submitted by Anita Vitale of 509 Nassau Avenue for a Fence Permit (= application no. F-04-09).

Charles Thompson appearing for his mother-in-law Anita Vitale was sworn in. He stated that Ms. Vitale had an existing fence on the property that was replaced with a white vinyl fence, = with a piece of fencing installed along the driveway.

A motion was made by Phil Zimm, seconded by John = Burzichelli, 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 James Scott, seconded by Rita Kelly to close the matter to the public.

A motion was made by Phil Zimm, seconded by Rita = Kelly to approve the fence permit request.

Vote In Favor: J. Burzichelli, L. Haynes, R. Kelly, = L. Manchester, J. Salvatore, J. Scott, J. Sharper, A. Williams and P. Zimm; Against: None; Abstentions: None.

John Burzichelli, stepped down from the Board at this point in the meeting.=

An application was received by John Burzichelli fo= r a fence permit for property known as 651 North Delaware Street (Application No. F-05-09).

Mr. Burzichelli was sworn in and testified that he owned = the property in question and his niece lived in the property, which is located behind Carmen’s Deli. H= e is requesting to construct a six foot fence for privacy.

The Board asked if the fence was coming past the front plane of the house and M= r. Burzichelli responded no.

A motion was made by Phil Zimm, 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 Phil Zim= m, seconded by Rita Kelly to close this portion of the meeting to the public.<= o:p>

A motion was made by Phil Zimm, seconded by Rita = Kelly, to grant the requested fence permit as it appeared to cause no detriment to= the citizens of the neighborhood or the Borough.

Vote: In Favor to: L. Haynes, R. Kelly, L. Manchester, J. Salvatore, J. Scott, J. Sharper, A. Williams and P. Zimm; Against: None; Abstentions: None.

John Burzichelli returned to the meeting.

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

Barry Cordetti of Overbrook Avenue, asked the Board as to the status of the Redevelopment plan at Interchange 18. He said he was assured ov= er and over again there would be a buffer zone. He stated the fence was installed = but no new buffer has been installed. There is no maintenance – the property needs to be mowed and w= eeds are over the fence. What tree= s are to be planted.&= nbsp; Melanie Adamson, the Board’s Engineer stated that she would re= view the Plan and contact Mr. Cordetti at 856-423-77= 16 to let him know.

There being no one else from the Public to speak to the Board a motion was made by James Scott seconded by Rita Kelly to close the meeting to the Public.=

There was to be a presentation of the Revisions to the Master Plan, however, the Board’s Planner was unable to attend this meeting and this was contin= ued to the meeting of August 3, 2009.

The following Resolutions were presented for memorializati= on:

2009= -20 Bohemia Developme= nt Company – Block 35 – Lots 19, 20 and 21

&= nbsp; 317 Lincoln Avenue – minor site plan approval to locate a &= nbsp; &nbs= p; community residence a/k/a group home to house 10 individuals.

&= nbsp; Zoned R-1 – public hearing 6-1-09 – approved with conditions – =

&= nbsp; erect a six foot fence, comply with all recommendation= s and

&= nbsp; conditions of Engineer’s letter 5/28/09; coopera= te in COAH credits;

&= nbsp; must make all appropriate revisions to the site plan p= er Board and

&= nbsp; Board’s engineer. No work to start until a preconstruction

&= nbsp; conference is held.&n= bsp; Vote to grant: In favor – J. Burzichelli<= /span>, R. &nbs= p; DeAngelo, A. Gray, L. Haynes, R. Kelly, L. Manchester= , J. &= nbsp; &nbs= p; Salvatore, J. Scott, J. Sharper, A. Williams, W. Wurtz and= P. Zimm. <= span style=3D'mso-tab-count:2'> = Against – None &n= bsp; Abstentions – None.&nb= sp; Memorialized: 7/6/09

&= nbsp; Vote: in Favor – J. Burzichelli, L.Haynes, R. Kelly, L. Manchester,

&= nbsp; J. Salvatore, J. Scott, J. Sharper, A. Williams, P. Zimm<= /span>. Against

&= nbsp; None – Abstentions None.

2009= -21 M&R Builders = Block 27 – Lot 16 – Greenwich Avenue – Minor

&= nbsp; Sub division approval – wishes to subdivide lot which consists=

&= nbsp; of 13,500 square feet into two equally sized lots of 6= ,750 square

&= nbsp; feet each. Existing duplex will remain on Lot 16 and proposed lot

&= nbsp; 16.01 will have a new house built on same. Granted with

&= nbsp; conditions – compliance with Planner’s and Engineer’s report;

&= nbsp; applicant to repair and/or replace sidewalk and curb a= s

&= nbsp; necessary; applicant to supply grading plan for review= and

&= nbsp; approval prior to requesting a building permit; subdiv= ision

&= nbsp; by deed; waiver granted from requirement of identifyin= g

&= nbsp; the cross sections and profiles of streets; applicant = to meet

&= nbsp; all COAH and/or Growth Share requirements. In Favor

&= nbsp; J. Burzichelli, R. DeAngelo, A. Gray, L. Haynes, R. Kelly, L. &nbs= p; &= nbsp; Manchester, J. Scott, J. Sharper, A. Williams, and W. Wurtz. &n= bsp; = ; Against – None Abstentions – James Salvatore –

&= nbsp; Memorialized July 6, 2009 – Vote: J. Burzichelli, L. H= aynes,

&= nbsp; R. Kelly, L. Manchester, J. Scott, J. Sharper and A. Williams.

&= nbsp; Against None – Abstentions – P. Zimm <= /o:p>

2009-22 Ian Williams – Fence Permit – Block 17, Lot 3 – 708 Beacon Ave.

&= nbsp; Zoned R-1 – applicant wishes to replace an existing four<= /p>

&= nbsp; foot high fence with a six foot high fence with a new = gate. –

&= nbsp; Public Hearing 6-1-09 – Granted – Vote In Favor - J. Burzichelli, R. &nbs= p; DeAngelo, A. Gray, L. Haynes, R. Kelly, L. Manchester= , J. &= nbsp; &nbs= p; Salvatore, J. Scott, J. Sharper, A. Williams, W. Wurtz and P. = Zimm. &n= bsp; Against – None &n= bsp; Abstentions – None.&nb= sp; Memorialized 7-1-09 –

&= nbsp; Vote: in Favor – J. Burzichelli, L.Haynes, R. Kelly, L. Manchester,

&= nbsp; J. Salvatore, J. Scott, J. Sharper, A. Williams, P. Zimm<= /span>. Against

&= nbsp; None – Abstentions None.

2009= -23 Kappra, Rudolph and Deborah – Block 37 – = Lot 13 – 505 Lincoln=

Avenue – Amending Resolution 18-2009 to reflect correct name =

of owner from “Ralph” to Rudo= lph Kappra – memorialized on

July 6, 2009 - in Favor – J. Burzichelli, L.Haynes, R. Kelly, L. = <= span style=3D'mso-spacerun:yes'> = Manchester, J. Sal= vatore, J. Scott, J. Sharper, A. Williams, P. = ; = Zimm.<= /span> Against None – Abstentions None.

There being no further business, a motion was made by James Scott, seconded by Ri= ta Kelly, to= adjourn the meeting. The meet= ing was adjourned at approximately 8:00 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