BOROUGH OF WEST CAPE MAY
PLANNING-ZONING BOARD
REGULAR MEETING – May 13, 2008
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 Novak at 7:00 PM. After reading the Open Public Meetings Act of 1975 he led all present in the flag salute.
ROLL CALL:
Members:
Doris Jacobsen present Dick Rigby present
Art Joblin present Chris Shriver present
Pam Kaithern present Chris Wood present
Gary Novak present Alternates:
Kevin O’Neill present Mark Kulkowitz present
Diane Rea present Archie Garnett 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 Mark Kulkowitz, the minutes of April 22, 2008 were approved on roll call vote as follows: Chris Wood abstaining, all other members present voting in the affirmative.
APPLICATION:
The Depot Travel Park, Inc., Application 02-08, Block 55, Lot 10, 800 Broadway
Dick Rigby and Pam Kaithern recused themselves because the hearing was for a D variance. Gary Novak recused himself because he is a neighbor of the applicant. Kevin O’Neill chaired this portion of the meeting.
Peter Tourison, Esq. came before the Board to represent the applicant, Glen Reeves, who wishes to build a new bathhouse on the site of an existing bathhouse which will require a variance for building height and lot coverage. Mr. Tourison entered the following items into evidence: Depot #1 – 1994 DEP letter permitting sewer hookup and 21,000 gallons per day septic flow; Depot #2 1994 Cape May County MUA letter endorsing project and stating it was in the sewer area and approving 50,000 gallons per day flow; Depot #3 application to Borough to hook up to the sewer system – only hooked in 30 of the 240 sites and the 2 bathhouses.
Vince Orlando was sworn in by Board Solicitor Brock Russell and accepted as an expert witness. Mr. Orlando is the engineer currently working on the proposed construction project which is to remove the existing bathhouse (consisting of 6 showers, 4 toilets and 4 sinks) and replacing it with a larger building that will be bathhouse (with 7 showers, 6 toilets, and 6 sinks – upgrade will include ADA compliant facilities) and a laundry room with 4 washers and 4 dryers. Mr. Orlando testified that the flow from the increased bath facilities plus the flow from the laundry facilities will still be well within what the State and County permits allow.
Mr. Reeves testified that he doesn’t have plans to change any of the sites from septic to sewer at this time because the septic system is working fine.
Engineer Ray Roberts reviewed his report. He asked if the site was within the 208 plan. Mr. Tourison responded that the 1994 letter said it was in the 201 plan, but felt the State and County could not prohibit after now since permission was previously given. When Mr. Roberts asked if the applicant could get something from the State DEP saying it did not object to the project, Mr. Orlando suggested it would be easier to get a letter from the County to that effect, fearing the State would be long in responding.
Chris Wood was advised by the applicant that he had not received any comments from owners within 200 feet.
Chris Shriver asked if there were any water or sewer restrictions at the campground. Mr. Reeves does not allow any campers to have washer/dryer facilities of their own.
Vice-Chairperson O’Neill opened the hearing to property owners within 200 feet.
Sharon Novak, 913 Farmdale Drive, was sworn in by Solicitor Russel and asked about the property owner storing items behind the park that is adjacent to the fence behind her property. Mr. Reeves assured her that he is planning to remove the existing privet hedge and plan another line of layland (?) cyprus trees there, similar to the line facing his home, that would block the view of his storage area.
Vice-Chairperson O’Neill opened the hearing to the general public.
Pam Kaithern, 207 Stevens Street, was sworn in by Solicitor Russell and stated that the R5 zone, in which the applicant is situated, was created for non-sewered areas, so the property in question doesn’t properly fit in that category because it has sewer service. She felt the property was more properly part of the R2 zone, and if it were categorized as such, no variance would be needed for height or lot coverage. The variance she was concerned with, which wasn’t part of the application, would be for having a laundry facility because it is not a permitted accessory use. She was also concerned that the washers would cause the property to exceed permitted gallons of flow. Mr. Orlando explained that the flow permitted allowed for additional flow for washer at each cape site. He agreed to provide estimated flow per day for bathhouse and sites to the Board Engineer.
Peter Burke, 238 Fourth Avenue, stated that the Borough’s governing body may need to consider changing the code to allow campgrounds in the R5 zone. The real concern was the laundry facility which is not a permitted use.
Vice-Chairperson O’Neill closed the public hearing.
Solicitor Russell explained that the Board must first vote on a D2 variance to allow expansion of non-conforming campground use and expanded bathhouse providing laundry facility that is also not a permitted accessory use.
Chris Wood made a motion to approve the D variance with the condition that the laundry facility is not open to the public and is locked at 10 PM. Art Joblin seconded the motion which was approved on roll call vote as follows: Rigby, Kaithern and Novak recused, all other members present voting in the affirmative.
Mark Kulkowitz made a motion to approve the C variances with the conditions that the applicant get a letter from the County saying the property is within the sewerable area, the applicant provide proposed flow calculations, and the applicant meets the recommendations in Ray Roberts’ letter. Art Joblin seconded the motion which was approved on roll call vote as follows: Rigby, Kaithern, and Novak recused, all other members present voting in the affirmative.
On the issue of site plan waivers, Board Engineer Ray Roberts’ concerns were satisfied by testimony of the applicant, thus he recommended granting the waivers. On motion of Chris Shriver, seconded by Mark Kulkowitz, the board approved the site plan waivers on roll call vote as follows: Rigby, Kaithern, and Novak recused, all other embers present voting in the affirmative.
The Board took a break from 8:27 PM to 8:33 PM
FAR/Taxpayers Association:
Mike Bean and Bud McDonough, representing the West Cape May Taxpayers Association joined the Board. Pam Kaithern reviewed the chart that she prepared comparing the Borough’s existing regulations with the changes that the Taxpayers Association was proposing (copy attached). After general discussion, the board determined that the real difference was to be found in the R1 zone. Chris Wood and Chris Shriver volunteered to be a fresh set of eyes to look into possible solutions.
PRIVILEGE OF THE FLOOR: No one from the public wished to speak.
ADJOURNMENT: On motion of Chris Shriver, seconded by Mark Kulkowitz, and carried by unanimous voice vote, the meeting was adjourned at 9:29 PM.
Respectfully submitted,
Elaine L. Wallace
Recording Secretary
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