01/23/2025 Zoning Board Meeting

City of Cape May Zoning Board of Adjustment Meeting Minutes Thursday, January 23, 2025 Opening: The meeting of the City of Cape May Zoning Board of Adjustment was called to order by Chairperson Terri Werner at 6:02 PM in the City Hall Auditorium. In compliance with the Open Public Meetings Act, adequate notice was provided. Roll Call: Mrs. Werner, Chairperson Present Mr. Venuto, Vice Chairperson Present Mr. Ledwin Present Mrs. Notch Present Ms. Sheehan Present Mr. Walsh Present Mr. Zektzer Present Mr. Yeager (Alt. 1) Present Ms. Stevenson (Alt. 2) Present Also Present: Richard King, Board Solicitor Craig Hurless, PE, PP, CME, Board Engineer & Planner Karen Keenan, Board Assistant Oaths of Office: Oaths of Office: Members with expiring terms and new member Michael Yeager took the Oath of Office, as administered by Solicitor King. Chairperson: Motion made by Mr. Venuto to nominate Terri Werner for Chairperson, seconded by Ms. Sheehan and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Vice Chairperson: Motion made by Mrs. Werner to nominate Sam Venuto as Vice Chairperson, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Board Attorney: Motion made by Mrs. Werner to appoint Richard King, Esquire, as Board Attorney, seconded by Ms. Sheehan and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. City of Cape May Zoning Board of Adjustment Meeting Minutes, January 23, 2025 Page 1 Solicitor King thanked the Board for the appointment. Board Engineer/Planner: Motion made by Mrs. Werner to appoint Craig R. Hurless, PE, PP, CME of Hurless Planning & Engineering LLC as Board Engineer and Planner, seconded Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Engineer Hurless thanked the Board for the appointment. Meeting Dates and Time: Motion made by Mr. Ledwin to adopt the meeting dates and time for the 2025 Zoning Board of Adjustment, with no change to the meeting time, seconded by Ms. Sheehan and carried 7- 0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Official Newspapers: Motion made by Mrs. Notch to designate Cape May County Herald official newspaper for public notification purposes and the Press of Atlantic City specifically as the newspaper only in the event the Cape May County Herald is unable to publish for public notification purposes, seconded by Ms. Sheehan and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Resolution(s): Motion made by Mr. Zektzer to adopt Resolution number 01-23-2025: 1, accepting Zoning Board Attorney contract, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Venuto to adopt Resolution number 01-23-2025: 2, accepting the Zoning Board Engineer contract, seconded by Mr. Zektzer and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Ms. Sheehan to adopt Resolution number 01-23-2025: 3, Christopher Rohner, 1514 Velvento Avenue, Block 1176.02 Lot(s) 1.08, seconded by Mr. Venuto and carried 4-0. Those in favor: Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Venuto. Those opposed: None. Those abstaining: Mr. Ledwin, Mr. Zektzer, Mrs. Werner. Motion made by Mr. Zektzer to adopt Resolution number 01-23-2025: 4, Ana Diaz Roux & Jose Tapia Granados, 502 West Perry Street, Block 1032 Lot(s) 2 C-502, seconded by Mrs. City of Cape May Zoning Board of Adjustment Meeting Minutes, January 23, 2025 Page 2 Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Resolution number 01-23-2025: 5 was added to the agenda by Chairperson Werner with all in favor. Motion made by Mr. Venuto to adopt Resolution number 01-23-2025: 3, 2023 Annual Report of Zoning Board Decisions, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Minutes: Motion was made by Mr. Venuto to adopt the meeting minutes of November 14, 2024, seconded by Ms. Stevenson and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion was made by Ms. Sheehan to adopt the meeting minutes of December 12, 2024, seconded by Mr. Ledwin and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Application(s): William & Emily Young, 122 Decatur Street, Block 1041 Lot(s) 63 Solicitor King announced this application adjourned to be heard at the March 27, 2025 meeting with no further public notice required. Steve Kawalek 1206 Maryland Avenue, Block 1132 Lot(s) 8 Attorney Lyndsy Newcomb of Monzo Catanese DeLollis PC introduced the appeal from decision of administrative officer – zoning officer application and variance relief application which is pending the determination of the board on the appeal. Present at the meeting and representing owners Harold and Judith Kawalek and Donald and Susan Miller was Steven Kawalek, a registered architect and professional planner. Attorney Newcomb explained that the removal of the garage door converted the building from a garage to other outbuilding which has different zoning requirements and requires bulk variances. She said the board decision on habitable space would determine if the variance application would be heard. Solicitor King said a “d” variance would be needed for use, but they did not notice for a use variance. Attorney Newcomb said no habitable space was created in the other outbuilding. She said habitable space is defined in city code as an interior finished room enclosed by a floor and ceiling and permanent weather resistant walls which have a minimum floor to ceiling height of six and a half feet and is intended primarily for human occupancy and living accommodation is defined as kitchens, bathing facilities, City of Cape May Zoning Board of Adjustment Meeting Minutes, January 23, 2025 Page 3 sleeping quarters, toilets and toilet facilities, or any other improvements intended to support human habitation. They believe no habitable area has been created. Registered Architect and Professional Planner Steve Kawalek of Kawalek & Kawalek Architects, LLC and Board Engineer and Planner Craig Hurless were sworn in by Solicitor King. Steve Kawalek presented his credentials, and Chairperson Werner accepted him as an expert in architecture and planning. Architect Kawalek gave a history of ownership of the property by his family and his wife’s family. He said the home was a one story structure when purchased and described the two stories that were added later to accommodate personal use by the families except when they rent it for eight weeks each year. He said the garage space was used as a workshop/storage space and never as a garage as the door did not function properly and was oddly shaped. He said recent renovations included replacement of the roof and partial siding, a window, exterior lighting, and new sheetrock. He said the insulation on three sides remained, new insulation was added to the front wall and storage areas were segregated. Outlets, ceiling lights and an electric subpanel existed. He testified the building is not intended for human occupancy, and no access to water, drainage and cooking facilities exist. He said they would like to add a combination unit climate control, and the current flooring is concrete, but they may do an epoxy finish on it. Board members were allotted time for questions. Member Sheehan asked if any space to the building was added, and Architect Kawalek replied no. Member Notch asked for the size of the storage space inside, and Architect Kawalek said it is ten by twelve and a discreet space that opens onto the driveway. Attorney Newcomb said partition walls do not create habitable space per the code. Solicitor King said the application is an appeal of an interpretation. Architect Kawalek said occupancy is a very broad term, and it refers to livability in terms of a place where people have sanitary and cooking facilities and where they sleep. There was a discussion on other outbuildings and reference to Engineer Hurless’ memorandum where the code is listed: (e) no other outbuilding may be used for human habitation or living accommodations was made. Attorney Newcomb said the changes were made to improve the storage conditions in the building. Member Walsh opined a bigger garage door would be needed to get storage items into and out of the garage and removal of the garage door really limits storage use of the building. Attorney Newcomb said the applicant will agree to whatever terms and conditions may be imposed by the board such as no installation of heating and air conditioning and a deed notice. Engineer Hurless then summarized his memorandum dated December 31, 2024 including his completeness review and described the board’s power and procedure regarding the appeal. He said if the appeal is successful, a “d” variance for use would be required with proper notice to the public. He corrected his zoning table on page three to show the side yard setback is five feet for other outbuildings. He referred to §525-55A(4)(e) in the memorandum where the code shows: City of Cape May Zoning Board of Adjustment Meeting Minutes, January 23, 2025 Page 4 no other outbuilding may be used for human habitation or living accommodations was made. He read the current definition from §525-4B of habitable area: An interior finished room, enclosed by a floor, ceiling and permanent weather-resistant walls, which has a minimum floor to ceiling height of 6.5 feet, which is intended primarily for human occupancy. He said the board needs to interpret if it is intended primarily for human occupancy. He reviewed the comments in the denial by the Zoning Official and said there is no definition of other outbuilding in the code but included a statement that code states: no outbuilding may be used for human habitation or living accommodations. He then read the definition from the code for living accommodations: Kitchens, bathing facilities, sleeping quarters, toilets and toilet facilities, or any other improvements intended to support human habitation. Engineer Hurless then commented on the variances that have been requested for residential accessory uses, outer outbuilding, and rear and side setbacks and struck the variance for detached garages, as the applicant conceded there is no longer a garage. He said a variance for use would also be required. He asked the applicant to revise the zoning table to reflect the parking requirements. He listed the general review comments with all items required except number 7, as the property is not in the Historic District. Historic Preservation Commission approval would not be required. Board members were allotted time for questions of Engineer Hurless. Member Ledwin asked if the structure meets the height requirements of other outbuildings. Engineer Hurless said the plans are not dimensioned regarding height, so he left that to be addressed if the applicant returns for variance relief. Bruce Britton, Zoning Officer, was sworn in by Solicitor King. Solicitor King asked how he determines occupancy. Mr. Britton replied he does not allow sheetrock in other outbuildings/detached structures, because it lends to human habitation. Mr. Britton said there was a complaint received by the Building Department about work done on the property. Mr. Britton shared Z-1 and Z-2, two enlarged versions of the interior garage photographs, which are part of his zoning denial. He said he denied the zoning application after reviewing the block and lot file which only showed a permit for one room in the garage. He said there was a lot of work done making it into three rooms, and there were no permits issued including electricity for wiring that show the possibility of cabinetry being installed. He agreed the front 10 by 12 area to be storage; he thought the other two rooms look like habitable space. He said a detached garage must include the ability to park a car in it. Board members were allotted time for questions of Zoning Officer Britton. Member Walsh asked if the applicant installed a garage door and removed some of the interior walls, would that be acceptable. Mr. Britton replied yes. He said if the applicant could show pictures of old walls in the garage, it could be approved. He said he generally does not approve sheetrock in detached garages, but sheetrock is approved in attached garages. Solicitor King said the board is to decide if the Zoning Officer made an error in his decision. City of Cape May Zoning Board of Adjustment Meeting Minutes, January 23, 2025 Page 5 Attorney Newcomb said three of four walls were insulated; the garage door removal is new. She said the decision they are appealing is the Zoning Officer’s decision regarding habitable area. Solicitor King read from the flood ordinance: building that is intended for regular human occupation and/or residence. Examples of a habitable building include…an accessory structure that is regularly occupied, such as a garage, barn, or workshop. Chairperson Werner asked if there were separate rooms. Architect Kawalek said it originally was one big space. He characterized it as two rooms currently. Member Sheehan asked if there was another door in the front beside the garage door. Architect Kawalek said there was only the garage door across the front. Solicitor King read from the floor area ratio definition for the board: sum of the area of all floors of the habitable areas of buildings or structures (not including attics, basements, porches, decks or other areas not designed or intended for human habitation). Discussion was opened to the public within two hundred feet and beyond at 7:40 PM and closed with no public coming forward to comment. Attorney Newcomb made a closing statement. Solicitor King explained the vote to the board. Motion was made by Mr. Walsh to affirm, agree with the Zoning Officer, or reverse, disagree with the Zoning Officer, seconded by Mr. Ledwin, and the decision by the Zoning Officer was affirmed 7-0. Those affirming: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those reversing: None. Those abstaining: None. Members gave reasons for their votes. Member Sheehan supported the decision of the Zoning Officer and said human habitation is possible with the insulation and separate rooms. Vice Chairperson Venuto saw the space as habitable with the garage door removed, drywall installed and the possibility of addition of heating and air conditioning if the property is sold. Chairperson Werner agreed there is a possibility of the addition of heat and air conditioning in the future. Discussion: Payment of Bills Motion made by Mr. Ledwin to approve the payment of bills, seconded by Mrs. Notch and carried 7-0. Those in favor: Mr. Ledwin, Mrs. Notch, Ms. Sheehan, Mr. Walsh, Mr. Zektzer, Mr. Venuto, Mrs. Werner. Those opposed: None. Those abstaining: None. Motion made by Mr. Walsh to adjourn the meeting at 7:51 PM with all in favor. Respectfully Submitted by Karen Keenan, Board Secretary City of Cape May Zoning Board of Adjustment Meeting Minutes, January 23, 2025 Page 6