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          absent              Chris Shriver             present
            Art Joblin                  present             Chris Wood               absent
            Pam Kaithern            present             Alternates:
            Paul Mulligan            present             Mark Kulkowitz        present
            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 Art Joblin, seconded by Pam Kaithern, the minutes for the March 10, 2009 Regular Meeting were approved on roll call vote as follows: Geyer and Rea abstaining, all remaining members present voting in the affirmative.

2008 ANNUAL REPORT: On motion of Chris Shriver, seconded by Art Joblin, the 2008 Annual Report was approved as amended on roll call vote as follows: Geyer and Mulligan abstaining, all remaining members present voting in the affirmative.

Application 01-09, John and Sonja Killeen Block 36, Lot 18 Board Attorney Brock Russell swore in Mr. and Mrs. Killeen, and Blane Steinman. Mr. Dwyer gave a brief history of the house, which was built in the 1880s and has been owned by the Killeen family since 1946. The house is already non-conforming on the Borough Hall Alley side of the house, being just 1’9” from the property line, when 15’ is the required setback. The proposed renovations and addition would not increase the existing non-conformity, but would be only 7” from the property line. Two photos were submitted as Killen 2 and Killeen 3; they showed the original structure and how it appeared in the 1960s respectively. Mr. Steinman explained the orientation of the building causes the setback problems, which can’t be avoided. He testified the proposed changes would not be a detriment to the neighborhood, but would be an advancement of the purposes of historic zoning. Pam Kaithern questioned the applicants if they had gone before the Historic Preservation Commission before seeking Planning/Zoning Board approval. Mr. Dwyer asserted the applicants would be satisfied if the Board were willing to give approval tonight contingent upon HPC approval. Mrs. Kaithern also asked if any mature trees or vegetation would be disturbed by the new addition. The Killeens stated nothing was in that area. Board Engineer Ray Roberts reviewed his report and asserted the applicant was seeking a variance for front yard setback on Borough Hall Alley, which was already a preexisting non-conformity. He further stated that it is a common occurrence within the Borough for houses to be very close to alleyways. They also need a variance for lot depth which was also a preexisting non-conformity. Mr. Roberts did request that the owners place drywells at any downspouts on the additions to control water runoff. When the Board members were finished asking questions, Diane Rea made a motion to open the public hearing, seconded by Chris Shriver. Chairperson Mulligan opened the hearing to property owners within 200’, then to the general public. No one wished to comment and the public hearing was closed. Low Dwyer felt the application met both C1 and C1 positive criteria and didn’t see any negative effects. Chairperson Mulligan suggested allowing the owners to place barrels under downspouts for water collection as an alternative to drywells.

Chris Shriver made a motion to approve variances for front yard setback and lot depth with the conditions that the applicant obtain Historic Preservation Commission approval on the plan and they install drywells or barrels for water collection at all downspouts on the new additions. Art Joblin seconded the motion which was carried unanimously on roll call vote.

Application 02-09, Shirley Mae Moore, Clock 21, Lot 55 Board Attorney Brock Russell swore in Shirley Mae Moore. Mr. Dwyer explained that the property has been in Ms. Moore’s family for over 50 years. Ms. Moore would like to have carport installed over a portion of her driveway and was seeking a variance for side yard setback. The edge of the carport would be 2’ from the edge of her existing concrete driveway. Mr. Dwyer provided photos of the house that were marked Moore 1 and Moore 2. The carport would not disrupt any of the existing concrete or landscaping, but would allow Ms. Moore, who already keeps her car parked in the driveway, to protect her car. Board Engineer Roberts explained that the structure would be considered a garage and will be attached to the house on one side. Ramsey Geyer expressed concern that the runoff from the roof would cause a problem. Mr. Roberts suggested requiring a 2’ by 2’ stone drainage trench along the driveway for the length of the carport. Other possible solutions would be a gutter with drywells or barrels for collection of the water. Mr. Dwyer stated his client was agreeable to using one of those solutions. Another variance was needed for a preexisting structure at the back of the property. Also, the applicant must also get Historic Preservation Commission approval. When the Board was finished asking questions Chris Shriver made a motion, seconded by Art Joblin, to open a public hearing. Chairperson Mulligan opened the public hearing to property owners within 200’. Cheryl Mapp, 135 Leaming Avenue, spoke in favor of the application. When no one else within 200’ or from the general public wished to speak the public hearing was closed.

Mark Kulkowitz made a motion to grant a variance for side yard setback for the carport and technical variance for back yard setback for a preexisting building with the conditions that the applicant obtain Historic Preservation Commission approval and she install either a drainage trench, or a gutter with drywells or barrel collection to control stormwater runoff. Chris Shriver seconded the motion which was carried unanimously on roll call vote.

Privilege of the Floor: No one wished to comment

The Board discussed how applicant would be informed they need Historic Preservation Commission approval prior to coming before the Planning/Zoning Board. Engineer Roberts suggested he could include it in his report. If the applicant hadn’t obtained HPC approval, the application would be deemed incomplete.

Future Business: An application is scheduled for the June 9th meeting. Pam Kaithern explained that the application is for Cape Manor Housing project, which is being worked on to help the Borough meet its COAH housing obligation. CIS, the applicant, has gotten 80% of the funding needed for the project. The application will also have to go before the Environmental Commission at its first meeting in June. Mrs. Kaithern explained there is a variance issue because it is not a single family home and for parking requirements.

Chairperson Mulligan announced that he attended the New Jersey Landscape Project, a NJDEP program for endangered species. The program provides layers mapping available on the DEP website.

ADJOURNMENT: The meeting was adjourned on unanimous voice vote at 8:17 PM.

Respectfully submitted,

Elaine L. Wallace
Recording Secretary

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