BOROUGH OF WEST CAPE MAY
PLANNING-ZONING BOARD
REGULAR MEETING – March 9, 2010

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               Mark Kulkowitz         absent
              Pam Kaithern present             Alternates:                   
              Paul Mulligan  present               Gary Novak               present
              Kevin O’Neill present               Mike Colameco          absent
                                   
Also Present:                Brock Russell, Esq., Board Solicitor
                                    George Curvan, P.E., Acting Board Engineer
                                    Elaine Wallace, Recording Secretary

Chairman Mulligan explained only six members in attendance would be able to vote on a use variance which would require a vote of five to pass.  The applicant can decide whether to stay or reschedule.

MINUTES:  On motion of Diane Rea, seconded by Gary Novak, the minutes of January 5, 2010 were approved on unanimous roll call vote.

NEW BUSINESS:
Application 01-10, Lawrence A. Pray Builders, Inc, Block 45, Lot 2
Bill Begley came before the board to represent the applicant.  The applicant Lawrence Pary, 1053 Shunpike Road, Lower Township was sworn in by Solicitor Russell.  He sought a minor sub-division of a property on 4th Avenue to build 2 single family homes.  No variance would be required, but the engineer’s review had a recommendation that the driveways be on Sees Alley instead of 4th Avenue.  The County Planning Board would permit a common driveway with turnarounds on the property so cars would not back onto 4th Avenue.  Mr. Pray would like to create an easement by deed and have a common driveway conforming with the County’s request.  He consented the engineer’s remaining recommendations.  Engineer Curvan explained that Mr. Roberts’ recommendation was not a requirement.  He also stated that as long as cars weren’t backing onto 4th Avenue, it would be better to enter onto an improved roadway than an unimproved alley.  Pam Kaithern felt a performance bond should be posted to insure the existing structure would be promptly removed.  Mr. Begley agreed to a condition that the deeds would not be recorded until the house is demolished, which would have to be done within 190 days.  Mrs. Kaithern also suggested the applicant take pictures of the vegetation with him when he meets with the zoning officer.  If the applicant receives approval this evening, he would then create an easement, a metes and bounds description, and drawings showing the common driveway.  A public hearing was opened but no one wished to speak.

Art Joblin made a motion that the application be approved with the following conditions:  the County Planning Board application must be made complete by providing drawings showing one common driveway with area for turn-around on the property to prevent backing out onto 4th Avenue, an easement be created for the common driveway and submitted to Mr. Russell for review and approval, the existing house must be demolished before the deeds could be recorded, the engineer’s recommendations must be met except for the driveways exiting onto Sees Alley, and the vegetation plan must be provided prior to approval.  Gary Novak seconded the motion which was carried unanimously on roll call vote.

Application 02-10, Jane Menendez, Block 9, Lot 26.01
Pam Kaithern and Ramsey recused themselves because the application would require a use variance.  Solicitor Russell swore in Luke Dillon, 136 Third Avenue, West Cape May, and Jane Mendendez, 817 Katherine Boulevard, Erma.  The applicant was seeking approval to build a third apartment on the property over the existing 2 car garage.  The applicant mistakenly believed that a hardship variance was all that was necessary.  Solicitor Russell explained a use variance would be necessary because 3 family dwelling are not permitted in the R1 zone.  The applicant was not prepared to establish the positive criteria necessary for a use variance and wished to withdraw the application without prejudice rather than pursue the variance.

Art Joblin suggested roll call votes only be taken on official actions with other business being approved by voice vote.  Chairperson Mulligan thought that was a good idea.

Paul Mulligan and Pam Kaithern reported on a presentation given by the County and the USGS on water resources within Cape May County.  The 10 year study found that the situation was not as dire as originally thought, but changes should be made to insure a continuing water supply. 

Chairperson Mulligan advised the Board the Environmental Commission will have some assistance creating a habitat plan, which is one of the requirements of the Borough’s cross acceptance plan.  Another one of those requirements, a stream corridor protection plan may be deemed unnecessary by the Office of Smart Growth. 

Pam Kaithern invited everyone to attend a special presentation on water/sewer rates being given immediately following the regular governing body meeting.

PRIVILEGE OF THE FLOOR: No one wished to speak.

ADJOURNMENT:  On motion of Art Joblin, seconded by Gary Novak, and carried by unanimous voice vote, the meeting was adjourned at 8:14 PM.

Respectfully submitted,

Elaine L. Wallace
Recording Secretary