BOROUGH OF WEST CAPE MAY
PLANNING-ZONING BOARD
WORKSHOP MEETING – November 10, 2009
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 absent
Doris Jacobsen present Chris Shriver present
Art Joblin present Mark Kulkowitz absent
Pam Kaithern present Alternates:
Paul Mulligan present Gary Novak absent
Kevin O’Neill present Mike Colameco present
Also Present: Brock Russell, Esq., Board Solicitor
Ray Roberts, P.E., Board Engineer
Elaine Wallace, Recording Secretary
MINUTES: On motion of Doris Jacobsen, seconded by Chris Shriver, the minutes of October 27, 2009 were approved on roll call vote as follows: Joblin and Colameco abstaining, all remaining members present voting in the affirmative.
Resolution ADM 10-09 Ordinance 433-09: On motion of Chris Shriver, seconded by Ramsey Geyer, the aforementioned ordinance was found substantially consistent with the Master Plan on roll call vote as follows: Joblin and Colameco abstaining, all remaining members present voting in the affirmative.
Resolution ADM 11-09 Ordinance 435-09: On motion of Ramsey Geyer, seconded by Chris Shriver, the aforementioned ordinance was found substantially consistent with the Master Plan on roll call vote Joblin and Colameco abstaining, all remaining members present voting in the affirmative as follows: .
Resolution ADM 12-09 Ordinance 436-09: On motion of Doris Jacobsen, seconded by Chris Shriver, the aforementioned ordinance was found substantially consistent with the Master Plan on roll call vote Joblin and Colameco abstaining, all remaining members present voting in the affirmative as follows: .
Resolution ADM 13-09 Ordinance 437-09: On motion of Chris Shriver, seconded by Ramsey Geyer, the aforementioned ordinance was found substantially consistent with the Master Plan on roll call vote as follows: Joblin and Colameco abstaining, all remaining members present voting in the affirmative.
APP 05-09 Map or Ordinance Interpretation of Special Question for Wilbraham Mansion, 133 Myrtle Avenue, Block 4, Lot 6: Robert DeSanto represented the applicant in seeking an interpretation of special events under the current ordinances and relief from condition number 1of the original site plan approval that required board approval of any use of the tea room for special events. Mr. DeSanto argued the condition on the original site plan approval was moot because the new commercial zoning regulations allows meeting and conference rooms as permitted accessory uses under Section 27-15.4k as long as they are less than 20% of the total floor area of the facility. The applicant was seeking interpretation that special events are permitted uses of meeting and conference rooms in the C-1 zone. The opinion rendered by Judge Armstrong in connection with the appeal filed on the original site plan approval for the Wilbraham Mansion was entered as Exhibit 1. Judge Armstrong’s opinion stated that the special events use of the mansion is not separate from the hotel/motel use of the property and that special events including weddings and parties are not usual uses of meeting rooms and conference rooms, thus no use variance would be needed. Mr. Lewis Conley was sworn in as an expert witness and testified on how he calculated the area of the meeting and conference rooms. Mr. Conley provided a written report of his calculations, which was marked Exhibit 2, showing the total area of the dining rooms in the original mansion plus the tea room in the new building equal 15.9% of the total area of both buildings, in compliance with the Borough’s commercial zoning ordinance.
Board Solicitor Brock Russell explained to the board that two things have changed since the original site plan was approved. The Borough changed the commercial zoning ordinance to allow meeting rooms to be up to 20% of total area, and the judge rendered a decision which interpreted the Borough’s existing ordinance in a way that would not require the applicant to obtain a use variance to use meeting rooms for special events.
Chairperson Mulligan opened the public hearing to residents within 200 feet.
Ron Gelzunas, Esq. appeared on behalf of Jim Labrusciano and the Albert Steven’s Inn and questioned Mr. Conley to determine if areas other than the dining rooms in the Mansion should be included in the calculations of the meeting rooms. Mr. Conley did not have first hand knowledge of whether those areas were used for special events. Mr. Gelzunas asked what the uses are for the remainder of the first floor of the new building. Mr. Conley explained that there is a coat room/lobby area, small kitchen area, restrooms and fire stairs. Mr. Gelzunas argued that the board was being asked to determine what areas would not be included in the definition of meeting room. Mr. Gelzunas also argued about the intention to serve alcohol and where it would be done. Mr. Conley did not have specific knowledge of what arrangements would be made but didn’t believe the code addressed serving alcoholic beverages in meeting rooms. Mr. Gelzunas cautioned the board that they were being asked to create a definition for meeting rooms and what may and may not be included in that definition. He also reminded the board that they are not required to rendered a decision at this time if they feel additional information, expert testimony or research is needed.
Mark Lukas, 119 Myrtle Avenue, asked if the Wilbraham Mansion would have to have a license to serve alcohol at special events. Borough Clerk Elaine Wallace explained that state law governs that type of use and a liquor license would not be necessary. Mr. Lukas expressed concern there would be complications from alcohol consumption and violations of the noise ordinance. Solicitor Russell reminded Mr. Lukas that his house is located in a commercial zone, not a residential zone and the uses being sought are permitted by law.
When there was no further testimony from residents within 200’, the Chairperson opened the public hearing to the general public.
John Rowley, 123 Emerald Avenue, was not convinced Judge Armstrong’s ruling governs the current situation since the ordinance was changed. Mr. Rowley felt it is ridiculous to say a meeting room is the same as a banquet hall. He felt that 50 or more residents would be effected by the noise and parking generated by such a use. Mr. Rowley asked the board to find that the applicant is wrong and is asking to create a new use. Solicitor Russell explained that the board must follow the ordinance as it exists and how the judge interpreted the ordinance.
When no one else from public wished to speak, the public hearing was closed on motion of Ramsey Geyer, seconded by Chris Shriver.
Kevin O’Neill asked if the applicant has multiple events at the same time. Owner Mr. Carnes was sworn in and testified that they have never done simultaneous events in the past 4 years. He also testified that the Mansion is not licensed to serve alcohol, but that doesn’t prohibit the person having the event from bringing their own alcohol.
On motion of Chris Shriver, seconded by Ramsey Geyer, the board granted relief from condition number 1 of the original site plan approval.
On motion of Kevin O’Neill, seconded by Ramsey Geyer, the meetings of November 17 and 24 were cancelled on unanimous roll call vote.
PRIVILEGE OF THE FLOOR:
Ursula Friedrich, 523 Broadway, stated she was present for the angst over the CVS approval and felt it was one of the best decisions for the community, proving that sometimes things that may seem like they will be a big intrusion turn out to be a great thing.
Ramsey Geyer gave an update on the Bitny property.
Pam Kaithern advised the board members that Diane Rea is doing well after her knee replacement surgery. She also reminded everyone of the fund raisers for the Christmas Parade.
ADJOURNMENT: On motion of Doris Jacobsen, seconded by Chris Shriver, and carried by unanimous voice vote, the meeting was adjourned at 8:52 PM.
Respectfully submitted,
Elaine L. Wallace
Recording Secretary
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