Borough of West Cape May

The Regular Meeting of the Borough of West Cape May Planning-Zoning Board, held at the Municipal Building, 732 Broadway, was called to order by Chairperson Mulligan at 7:00 PM. After reading the Open Public Meetings Act of 1975 he led all present in the flag salute.

ROLL CALL:
Members:
            Ramsey Geyer            present             Diane Rea                  present
            Doris Jacobsen           present             Chris Shriver             absent
            Art Joblin                   present             Chris Wood               present
            Pam Kaithern present             Alternates:
            Paul Mulligan present             Mark Kulkowitz         absent
            Kevin O’Neill present             Mike Colameco          absent

Also Present:                Brock Russell, Esq., Board Solicitor
                                    Ray Roberts, P.E., Board Engineer
                                    Elaine Wallace, Recording Secretary

MINUTES: On motion of Diane Rea, seconded by Ramsey Geyer, the minutes for the May 26, 2009 Regular Meeting, as amended, were approved on roll call vote as follows: Doris Jacobsen and Chris Wood abstaining; all remaining members present voting in the affirmative.

Resolution ADM 07-09 Revised Annual Report On motion of Pam Kaithern, seconded by Chris Wood, the resolution was approved unanimously on roll call vote.

Resolution APP 03-09 John E. and Sonja Killeen On motion of Art Joblin, seconded by Pam Kaithern, the resolution was approved on roll call vote as follows: Chris Wood abstaining, all remaining members present voting in the affirmative.

Resolution APP 04-09 Shirley Mae Moore On motion of Art Joblin, seconded by Ramsey Geyer, the resolution was approved on roll call vote as follows: Chris Wood abstaining, all remaining members present voting in the affirmative.

Application 04-09, Cape May Property Inc., Block 52, Lot 62.02, Fifth Avenue Ramsey Geyer and Pam Kaithern recused themselves from the hearing because the applicant are seeking a use variance. The applicant was advised that only 6 members were present to vote on an application and 5 votes would be needed for approval. The applicant wished to proceed with the hearing.

Paul DeSantos was sworn in by Solicitor Russell. Mr. Desantos is Director of Housing Development and organizes development projects for supportive housing for people with mental illness and disabilities. He gave a brief overview of projects previously done by CSP. The Cape Manor project will be aimed at adults with autism from this area.

Mark Duffy was sworn in by Solicitor Russell. Mr. Duffy co-founded CSP in 1984 and serves as the Director of Operations. Mr. Duffy explained the facility will offer support, but not constant supervision. The individuals residing in the building will be capable of living independently in the community, but will require some benefits for employment and socialization. They will have access to help 24 hours a day. They will also be served by the support center located in Wildwood. Mr. Duffy explained how the mechanics of how the program rentals and selection works. He also explained that a property manager will be in charge of the site and will have local contractors take care of maintenance issues like lawn mowing and landscaping.

Kevin O’Neill asked where the support center was located. The Cape Atlantic Self Help Center is located at 404 Pacific Avenue in Wildwood. Mr. O’Neill asked if most residents would be employed prior to moving into the home. Mr. Duffy explained that most receive social security benefits, with only about 23% working some type of job.

Art Joblin asked what the age range would be. Mr. Duffy explained that most are between 19 and 67 years old. The residents will be able to cook their own meals and are educated on what to do in the event of an emergency. Mr. Joblin also asked what types of emergencies could be expected. Mr. Duffy explained that the residents usually have medical conditions as well as autism and normal medical emergencies could be expected. If major problems occur, the residents could be moved to another facility.

Solicitor Russell swore in Steven Schoch who, after listing his qualification as an architect, was deemed an expert witness. Mr. Schoch gave an overview of the plans and showed Exhibit A1 which were the floor plans, A2 which was a color rendering of the exterior. The building was designed to fit in architecturally with the community and looks like a single family home. There is a single front door leading to a common area. Each of the seven units will have individual entrances off the common areas. The lower floor will have accessible facilities. Each apartment has its own bathroom and kitchen facilities. Because of the funding sources being used, the building standard that must be followed are far more stringent that a normal home, so the quality of the building is going to be high. Mr. Schoch explained that the building height is 31 feet 5 ½ inches, but measured from the property line, it is 34.2 feet high, which meets the height requirement of 35 feet.

Brock Russell swore in Vincent Mignella who, after reciting his credentials as a planner and civil engineer, was deemed an expert. Mr. Mignella explained the west part of the property will remain vacant because of environmental reasons. Under R2 zoning requirements buildings are limited to 3 units, but the applicant is seeking a variance to permit 7. The building appears to be a beautiful, single-family home which has already been approved by COAH. Lot coverage will be well under the 40% limit, the will be no runoff issues because the project will use porous pavement, no traffic problems are anticipated because few resdents have cars. He felt that a single family home with 5 bedrooms and several children would have a bigger impact on taxes and services than the residents of the home. The project won’t pose a detriment to the zone or harm the purposes of municipal land use, plus it will further the Borough’s COAH compliance. Mr. Mignella testified that the project

Chris Wood asked how a builder is chosen. Lopa Kolluri, Vice President for Community Investment Strategies, was sworn in by Solicitor Russell. Her firm is the housing consultant for the project and has a division that is a construction company, which will be doing the construction.

Brock Russell asked the applicant if they felt they would meet the requirements for an exception under 40:55D66.1 of MLUL. After some discussion amongst themselves, the applicants asserted they were not seeking such an exception.

Brock Russell swore in Alfred Handy who, after reciting his qualifications as a civil engineer, was deemed an expert witness. Mr. Handy explained that the project was designed in consideration of the area and neighbors. The building will be placed centrally, with parking behind, shaded from the street with landscaping and a 6 foot fence along the property line to further hide the parking and give privacy to the existing neighbor. The applicant will be amenable to changing and shielding the lighting as recommended by the Board Engineer. Mr. Handy reviewed the landscaping plans which include 8 red maples, 11 low bush blueberry, and some hollies. Most of the landscaping is on the west side of the property. A variance is being sought for lot size and lot width but the lot is similar to other lots in the area. The Board Engineer had requested the “hammerhead in the parking area be moved 1 foot to comply with side setback, and the applicant is willing to do so. The sanitary sewer extension plans have not been finalized because the applicant is still looking for as-builts and has surveryors trying to locate the lines. Once done, the sanitary sewer will be designed and will be submitted separately, assuming the application is approved. If the application is approved, the applicant will do a lighting redesign. They will also meet the requirements of #7 and #8 in the Board Engineer’s review letter.

Board Engineer Ray Roberts asserted that the applicant has addressed the majority of issues in his review. Mr. Roberts asked that pole lighting not be used, the Borough preferring ground lighting. Mr. Roberts explained that the exact use is not listed in the zoning regulations, so the Board needs to determine whether to use the parking requirements for multi-family dwellings, which would need 8 spaces or single family which would need 3 spaces. To be safe, a variance should be sought. Also, a waiver for the drive aisle being within 5 feet of the property line would be needed. Mr. Roberts also wanted to assure that the property wouldn’t be used for stockpiling materials. Mr. Handy explained the small size of the lot would limit that possibility. Mr. Roberts asked if any testimony would be given on the buffers, but the applicant is still waiting for a response from NJDEP, so didn’t have any.

Doris Jacobsen made a motion, seconded by Chris Wood and unanimously approved, to open the floor to the public. Chairperson Mulligan opened the floor first to anyone within 200 feet of the applicant.

Brock Russell sworn in Jerusha E. Proctor, 306 Sixth Avenue, who asked whether the project would decrease the value of her property. Mr. Mignella explained that he is not a real estate agent or appraiser, but based on the quality of workmanship of the proposed project, he didn’t feel it would devalue her home. The final value of the project could be over $1 million. Mr. Duffy asserted that nationally, there has been no change in property values with this type of development. He said his firm would be willing to work with the community to see if there is any impact, possibly by comparing property values at this time and then again in 3 years. Further, he felt that since it’s a small project with limited number of residents there would be no effect.

Brock Russell swore in Peter Burke, 238 Fourth Ave, who explained that Ms. Proctor’s property is not adjacent to the applicants property and would be on the other side of the proposed 6 foot fence. Ms. Proctor just asked that lights not shine into her backyard.

Chairperson Mulligan opened the floor to the general public. When no one wished to speak, the public hearing was closed.

The attorney for the applicant summarized the testimony given, stating the project meets the positive criteria for MLUL.

Diane Rea asked what effect the project would have on West Cape May taxes. Paul Mulligan explained that at this time, the property is owned by the Borough, so no taxes are paid.

Brock Russell swore in Pam Kaithern as Mayor of the Borough. Mrs. Kaithern explained that the project would save the Borough the expense of having to provide COAH approved housing on its own, potentially saving the Borough over a million dollars. The attorney for the applicant explained that HUD requires them to apply for tax exempt status from the Borough, and asserted the appplicant would be willing to enter into a “Payment in Lieu of Taxes” or PILOT agreement with the Borough.

Solicitor Russell asked the Board to first consider the use variance because the R2 district doesn’t permit the proposed type of hybrid use. The Board heard testimony about the positive beneficial use, and that the Borough’s Fair Share Housing Plan does favor this type of use.

Kevin O’Neill made a motion to approve a variance for non-permitted use to permit a building with 7 individual units for people with disabilities. Chris Wood seconded the motion which was carried unanimously on roll call vote by all members present and voting.

Doris Jacobsen made a motion to approve bulk variances for non-conforming minimum lot area, frontage, lot depth, sideyard setback, parking, landscaping, fence and drive isle with the conditions that the “hammerhead” in the parking area meet setback requirements, a construction plan for sanitary sewer is submitted, a lighting plan approved by the Board Engineer, and items 6, 7 and 8 of the engineer’s report be met. Art Joblin seconded the motion which was carried unanimously on roll call vote by all members present and voting.

Privilege of the Floor: No one wished to comment

Future Business: An incomplete application has been filed by Todd Cecchini, Block 4, Lot 19 (variance relief, hardship)

ADJOURNMENT: The meeting was adjourned on unanimous voice vote at 9:06 PM.

Respectfully submitted,

Elaine L. Wallace
Recording Secretary

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