MINUTES OF THE BOROUGH OF CAPE MAY POINT

ZONING BOARD OF ADJUSTMENT

 

November 28, 2007

 

OPENING:  The meeting was held at Borough Hall and was called to order by Chairperson Linda Adams at 7:00 PM.  Secretary Nietubicz read the Open Public Meetings Act. 

 

 

ROLL CALL:                        Members:

                                    Judi Bernard                  present

                                   Jim Dippel                   present

                                    Joan Fraser                 present

                                    Ernie Heegard               present

                                    Lucinda Inskeep            present

                                    Dominic Miranda          present

                                    Linda Adams                 present

 

                                    Alternates:

                                    Nancy Henderson         present

                                    Janet Westcott              absent

                                    Mick Humbarger           absent

                                    Joe Keller                       present

 

                                    Solicitor:

                                    Stewart F. Kay                present

 

                                    Secretary:

                                    Francine Nietubicz         present

 

 

MINUTES:     Chairperson Linda Adams stated for the record that a quorum of the Board is present.  She then asked if there were any changes to the minutes of the meeting on October 24, 2007.  Ernie Heegard asked a technical question about the apparent penalty for setbacks on corner lots.  Solicitor Kay explained that a corner lot had two front yards that had to be treated as such, with attendant setbacks. There ensued a discussion about the Devor case.  Nancy Henderson asked about protocol when a Board Member has knowledge about a case that may not be known by all Board Members.  Solicitor Kay responded that Members can only judge the case as presented by the applicant or others at the hearing, not based on other knowledge.  Linda Adams stated that if a Board Member learns something through on-site investigation or his/her own study, that Member must put the information on record if it influences his/her decision.  Getting back to the minutes, Stewart Kay asked about some dimensions noted in the minutes; it was determined that the minutes were correct.  Chairperson Adams asked that future agendas show an entry for public comments after Board business has concluded.   Ernie Heegard then made a motion to approve the minutes as presented.   Jim Dippel seconded the motion and it was approved as follows: Judi Bernard-yes; Jim Dippel-yes; Joan Fraser-abstain; Ernie Heegard-yes; Cindy Inskeep-abstain; Dominic Miranda-abstain; Linda Adams-yes; Nancy Henderson-yes; Joe Keller-abstain.

 

Minutes from a closed session on September 27, 2006 were submitted for approval.  Cindy Inskeep made a motion to accept the minutes as amended; Judi Bernard seconded the motion.   The secretary took a roll call vote as follows: Judi Bernard-yes; Jim Dippel-yes; Joan Fraser-yes; Ernie Heegard-yes; Cindy Inskeep-yes; Nancy Henderson-yes; Linda Adams-yes.

 

 

BUSINESS:

 

1.         Resolution 2007-14; Debra and Harris Devor, 307 Coral Ave, Block 44 Lot 1, “c1 and c2” variance for corner lot setback to allow front entrance steps.

 

Board Members reviewed the Resolution.  After discussion about dimensions, Judi Bernard made a motion to suspend public reading and adopt the Resolution as corrected; Ernie Heegard seconded the motion.   The secretary took a roll call vote as follows: Judi Bernard-yes; Jim Dippel-yes; Joan Fraser-abstain; Ernie Heegard-yes; Cindy Inskeep-abstain; Dominic Miranda-abstain; Nancy Henderson-abstain; Joe Keller-abstain; Linda Adams-abstain.

 

 

ANNOUNCEMENTS:

 

Chairperson Adams spoke about some of the seminars she and others had attended at the November League of Municipalities convention.  Among other topics, she particularly noted the recommendation that after all presentations, questions, public comments, etc. during a hearing, that a Board Member make a motion to approve the application, second the motion and then follows a discussion of the motion.  She also said there was no mention made of findings of fact.  There ensued a lengthy discussion about findings of fact, whether they should be included, if the Board attorney or Board Members should state them, that the discussion should be organized point by point.  Joan Fraser suggested that Linda Adams write down her preferred procedure and send it to the Board Members for perusal.  This was agreed to be a good idea. 

 

 

ADJOURNMENT:

 

It was decided that there was no reason to have a December meeting.

 

Hearing no other business, Chairperson Adams accepted a motion from Ernie Heegard and a second from Judi Bernard to adjourn.  The meeting adjourned at 8:15 PM.

 

 

 

Respectfully submitted,

Francine Nietubicz, Secretary

 

 

 

Approval Date and Signature