BOROUGH OF WEST CAPE MAY
PLANNING-ZONING BOARD
REGULAR MEETING – September 11, 2007

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 absent
Art Joblin present Chris Shriver present
Pam Kaithern absent Chris Wood present
Gary Novak present Alternates:
Kevin O’Neill present Mark Kulkowitz absent
Diane Rea absent 2nd Alternate vacant

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

MINUTES: On motion of Chris Wood, seconded by Doris Jacobsen, the minutes of August 7, 2007 were approved on roll call vote as follows: Shriver abstaining, all other members present voting in the affirmative.

ORDINANCE NOS. 392, 393, 394 and 395: Chairperson Novak explained the need to determine if these Borough ordinances are substantially consistent with the Land Use and Housing Elements of the Master Plan. Solicitor Russell will prepare resolutions memorializing the decisions for passage at the next meeting.

On motion of Doris Jacobsen, seconded by Chris Wood, Ordinance 392-07 was unanimously determined to be substantially consistent with the Land Use and Housing Elements of the Master Plan.

On motion of Chris Shriver, seconded by Doris Jacobsen, Ordinance 393-07 was unanimously determined to be substantially consistent with the Land Use and Housing Elements of the Master Plan.

On motion of Chris Wood, seconded by Chris Shriver, Ordinance 394-07 was unanimously determined to be substantially consistent with the Land Use and Housing Elements of the Master Plan. Uw1ue3irttt
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On motion of Chris Shriver, seconded by Chris Wood, Ordinance 395-07 was unanimously determined to be substantially consistent with the Land Use and Housing Elements of the Master Plan.

Memo From HPC re: Survey of Historic Properties: The board discussed a memo dated August 31, 2007 from Elan Zingman-Leith outlining the request of the HPC. Chairperson Novak explained that the board already accepted the plan, but would need to do a resolution to accept the extension to the middle of Stevens Street. The board supported the HPC recommendation and recommended that the governing body accept the extension.

NEW BUSINESS:
Luke Dillon Application 03-07 Block 4, Lot 18, 110 York Avenue: Luke Dillon of 136 Third Avenue, contractor, and Barry Bruno, 307 North Broadway, project coordinator, were sworn in by Solicitor Russell. There was some concern that the property owners were not present, but a decision was made to hold the hearing unless matters arose that would have to be answered by the owners. It was determined that the administrative secretary should tell applicants that a property owner should be present for all hearings, or at least an attorney representing the owners. Mr. Dillon presented the application, which included an addition on the back of the property, a new front porch and a new set of stairs to the second floor. Ray Robert reviewed the engineer’s report on the application explaining that the applicant would need variances for rear yard setback, one side yard setback, combined side yard setback, lot coverage, existing FAR, and parking. Doris Jacobsen advised that the application came before the HPC and was approved. Brock Russell explained that the property is already non-conforming in several of the areas where the applicant is seeking relief, including side yard setback and FAR. Mr. Novak also pointed out that the property is an undersized lot that was created by a previous planning board. Mr. Russell explained that when there is a D variance, the board needs findings of fact to allow a special exception. Chris Wood asked if there had been any objections from the neighbors. Mr. Bruno asserted that only positive comments were received.

Chairperson Novak opened the public hearing on this application.

Brock Russell swore in Pam Kaithern of 207 Stevens Street. Mrs. Kaithern wanted to remind the board that the governing body would be introducing an ordinance the next day that would increase FAR in R1 and R2 and make uncovered decks an exempt from FAR. Chairperson Novak advised the board that they have to make their decisions based on the current law, but the information given by Mrs. Kaithern could be one of the findings of fact in granting a variance.

No one else from the public wished to speak and the Chairperson closed the public hearing.

A sketch labeled SK1, revised on February 12, 2007, was entered into the record. There was some discrepancy between that drawing and the most recent drawing, which didn’t show the L-shaped porch. The applicant was asked to clarify exactly which porch plan is being used and was then asked to submit an updated plat plan and an SK2 drawing showing the correct alterations being considered, especially the L-shaped porch.

Solicitor Russell first asked the board to vote on the D variance, which was an increase in the FAR over the 40% limit. The property currently has a pre-existing non-conforming FAR of 52% that would go to 54.6%. A motion was made by Chris Wood to approve the D variance, seconded by Chris Shriver, and passed unanimously on roll call vote of all members present.

Mr. Russell then asked the board to vote on the C variances, reminding the members that they can consider the facts that property lines are slanted, the property is already non-conforming in several areas, and the lot was created by the planning board in the past. Chris Shriver made a motion to approve the C variances subject to the condition that a new SK2 drawing showing the L-shaped porch and updated plat plan are submitted. Doris Jacobsen seconded the motion which was passed unanimously on roll call vote of all members present

The board took a break from 8:07 PM to 8:12 PM.

Thomas Cupp – Continuance, Applications 02-07, Block 53, Lot 1.02 & 2, 501 Pacific Avenue: Mr. Cupp appeared before the board to ask for a continuance on his application. His plans have been considerably reduced, but he is waiting for sealed drawings from his architect before he can go before the HPC and Planning Board. The board granted a continuance and Solicitor Russell announced that the application would be heard on October 23rd at 7:00 PM.

PRIVILEGE OF THE FLOOR: There were no comments from the public.

ADJOURNMENT: On motion of Chris Wood, seconded by Doris Jacobsen, and carried by unanimous voice vote, the meeting was adjourned at 8:25 PM.

Respectfully submitted,

Elaine L. Wallace
Recording Secretary